सं Samvidhan

The Constitution of India

Article 392

Power of the President to remove difficulties

Why this exists

When the Constitution was adopted in 1949-50, India was moving from colonial governance under the Government of India Act, 1935 to a completely new constitutional order. The framers anticipated technical glitches, gaps, or inconsistencies in this handover—things like transitional arrangements for courts, services, or old laws—that couldn't all be foreseen in advance. Article 392 gave a temporary 'fix-it' power to iron out such wrinkles by executive order, without needing a full constitutional amendment, but only for the short transition window, ending once elected Parliament took over lawmaking.

Common misconceptions
  • Myth: Article 392 lets the President change the Constitution any time there's a problem.
    Fact: This power was strictly temporary and tied to the transition period; it stopped being usable once the first elected Parliament met, and could not be revived afterward.
  • Myth: This Article gives the President ongoing amendment powers similar to Parliament's under Article 368.
    Fact: It only allowed narrow adaptations to smooth the transition from the old 1935 Act, not general constitutional amendments, and required orders to be laid before Parliament.
Article 392 — Power of the President to remove difficulties · Samvidhan