Actual Article
Article 392: Power of the President to remove difficulties
(1) The President may, for the purpose of removing any difficulties in bringing this Constitution into operation, by order do anything (including any adaptation or modification of any provision of this Constitution) which appears to him to be necessary or expedient for the purpose of removing the difficulty.
(2) No such order shall be made after the expiration of three years from the commencement of this Constitution.
(3) Every such order made under this article shall be laid before Parliament.
UPSC Notes for Article 392
Explanation:
- Removing Difficulties: Article 392 grants the President the power to make orders to remove any difficulties in bringing the Constitution into operation, including adapting or modifying any provision of the Constitution.
- Time Limit: This power is limited to a period of three years from the commencement of the Constitution.
- Parliamentary Oversight: Any order made under this article must be laid before Parliament.
Key Points:
- Transitional Provision: Allows the President to address and resolve any issues that arise during the initial implementation of the Constitution.
- Temporary Measure: This power is temporary, intended to facilitate the smooth transition to the new constitutional framework.
- Parliamentary Scrutiny: Ensures that all actions taken by the President under this article are subject to review by Parliament, maintaining checks and balances.
Important Cases and Commissions Related to Article 392
Cases:
- No landmark Supreme Court cases specifically interpreting Article 392, as it primarily deals with transitional provisions for removing difficulties.
Commissions:
- Various Law and Constitutional Commissions: Have reviewed the implementation and impact of transitional provisions during the early years of the Constitution.
Important Reports Related to Article 392:
- Law Commission Reports: Discuss the historical context and necessity of providing the President with the power to remove difficulties in bringing the Constitution into operation.
Previous Year Prelims Questions Related to Article 392
- What does Article 392 of the Indian Constitution provide for?
A. Establishment of new constitutional bodies
B. Power of the President to remove difficulties in bringing the Constitution into operation
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Power of the President to remove difficulties in bringing the Constitution into operation - Under Article 392, how long does the President have the power to make orders for removing difficulties?
A. Indefinitely
B. Until Parliament makes other provisions by law
C. For three years from the commencement of the Constitution
D. Until the next general election Correct Answer: C. For three years from the commencement of the Constitution - According to Article 392, where must the orders made by the President be laid?
A. Before the Supreme Court
B. Before the High Courts
C. Before Parliament
D. Before the Council of Ministers Correct Answer: C. Before Parliament
Previous Year Mains Questions Related to Article 392
- Discuss the significance of Article 392 in ensuring the smooth implementation of the new constitutional framework. How does this provision contribute to constitutional stability in India?
- Evaluate the role of the President under Article 392 in removing difficulties during the initial implementation of the Constitution. How does this provision ensure flexibility and responsiveness to emerging issues?
- Analyze the impact of Article 392 on the transitional process of bringing the Constitution into operation. How did this provision facilitate the effective resolution of difficulties during the early years of the constitutional order?
Additional Insights:
- Constitutional Stability: Article 392 plays a crucial role in maintaining stability during the initial implementation of the new constitutional framework by allowing the President to address and resolve difficulties.
- Flexibility and Responsiveness: Ensures that the Constitution remains flexible and responsive to emerging issues and challenges during the transition period.
- Parliamentary Oversight: By requiring that all orders be laid before Parliament, the article ensures that the President’s actions are subject to legislative review, maintaining a balance of power.
Understanding Article 392 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining stability and addressing difficulties during the transition to the new constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective implementation and adaptation of the Constitution within the Indian legal and political system.