Constitution Section 392 — Power of the President to remove difficulties

Part XXI — TEMPORARY, TRANSITIONAL AND — SPECIAL PROVISIONS

Constitutional

Summary

The President can issue orders to solve problems that come up when moving from the old Government of India Act, 1935, to the new Constitution. These orders can change, add, or remove parts of the Constitution for a set period of time, but no such order can be made after the first meeting of Parliament. Every order the President makes under this power must be presented to Parliament. Before the Constitution started, the Governor-General of India could use this power instead of the President.

Official Text

(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:Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.

(2) Every order made under clause (1) shall be laid before Parliament.

(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India.