Home The Constitution Part XXI Article 392

Art. 392 Part XXI: Temporary, Transitional and Special Provisions

Power of the President to Remove Difficulties

Exact text — Constitution of India

(1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient... (2) Every order made under clause (1)... shall be laid before Parliament. (3) The powers conferred on the President by this article, by article 391 and by article 393 shall cease on the 26th day of November, 1951.

In Plain English

What this Article actually means

This closing transitional Article gave the President an exceptionally broad one-time power — to modify the Constitution's OWN text itself, by order, to smooth over any difficulties encountered during the immediate transition from the old Government of India Act framework. Crucially, clause (3) explicitly capped this power, expiring it on 26 November 1951, deliberately preventing this extraordinary tool from becoming a permanent, ongoing executive power to alter the Constitution outside the normal Article 368 amendment process.

Why This Matters To You

How it shows up in everyday life

This Article's careful self-limitation is a notable example of constitutional design discipline — the framers recognised the genuine need for interim flexibility during a complex transition, but explicitly built in an expiry date to ensure it couldn't be misused as a backdoor around the Constitution's normal, more demanding amendment procedure.

Read alongside this one

Art. 368 — Amendment of the Constitution Art. 394 — Commencement

Frequently Asked

Quick answers about Article 392

Could a modern President use this Article to make emergency constitutional modifications today?

No — this power specifically expired on 26 November 1951, per the Article's own clause (3); any constitutional change today must go through the ordinary Article 368 amendment procedure.

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The text above reproduces Article 392 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.