The Constitution of India
Article 392
Power of the President to remove difficulties
(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.
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.