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| What is Article 392 of indian constitution |
Article 392 of the Indian Constitution
Title: Power of the President to remove difficulties
✅ Status:
Article 392 is still in force — but its operative clause was time-bound and is now functionally obsolete.
It was primarily a transitional provision for use immediately after the Constitution came into force.
🧾 Full Text (Simplified):
Article 392(1):
Empowers the President of India to make necessary orders to remove any difficulties in giving effect to the provisions of the Constitution during the transitional period.
Article 392(2):
Before issuing such an order, the President may consult the Chief Justice of India.
🔍 Simplified Explanation:
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When the Constitution of India was adopted on 26 January 1950, there were bound to be uncertainties, conflicts, or administrative gaps.
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Article 392 gave the President power to resolve those issues via orders, without needing constitutional amendments or new laws.
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These orders were legally binding and were meant to smooth the transition from colonial governance to constitutional democracy.
⚠️ Limitations:
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Only applicable during the early years of the Constitution.
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The power was temporary, and no longer exercised after the initial years post-1950.
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Modern legal interpretation considers it exhausted, though the article remains in the Constitution text.
📌 Key Features:
| Aspect | Details |
|---|---|
| Applies To | Entire Constitution (transitional support) |
| Power Given To | President of India |
| Nature of Power | Issue orders to remove difficulties |
| Time Limit | Implicitly transitional – now obsolete in practice |
| Legal Status Today | Technically present, but not in active use |
| Consultation Allowed | Chief Justice of India could be consulted |
✅ Why Article 392 Was Important:
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Enabled quick fixes during India’s constitutional transition.
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Prevented governance breakdowns due to legal uncertainty.
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Allowed the President to act without waiting for Parliament in urgent technical matters.
🧾 Example Use:
The President used Article 392 to issue Removal of Difficulties Orders, such as adjusting:
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Court jurisdictions,
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Administrative boundaries,
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Adaptation of laws to new constitutional norms.
Here is a timeline of Article 392 of the Indian Constitution, showing its origin, purpose, usage, and eventual functional obsolescence:
📅 Timeline: Article 392 – Presidential Power to Remove Difficulties
| Date | Event / Significance |
|---|---|
| 26 Nov 1949 | Constitution of India adopted. |
| 26 Jan 1950 | Article 392 comes into force along with the Constitution. |
| - Empowers the President to issue orders to remove difficulties in implementation. | |
| 1950–1951 | President issues several “Removal of Difficulties Orders” under Article 392: |
| - Adjusts court powers, reassigns jurisdictions, modifies legal definitions, etc. | |
| - Example: Adjustments related to Federal Court → Supreme Court transition. | |
| 1950–1956 | Article 392 used in multiple transitional situations during reorganization of states. |
| 1956 | States Reorganisation Act comes into force; major reclassification of states. |
| Article 392's use declines significantly after stable administrative systems are set. | |
| Post-1960s | No new orders issued under Article 392. |
| Constitution begins functioning fully through Parliamentary amendments and laws. | |
| Present Day | Article 392 still remains in the text, but is functionally obsolete. |
| Modern legal experts consider its transitional purpose fulfilled. |
✅ Summary:
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Article 392 was a constitutional “emergency tool” for resolving early administrative or legal confusion.
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Its use was strictly transitional and limited to the early years after 1950.
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Though still part of the Constitution, it is no longer used today.
Here is a comparison of Article 392 with other constitutional provisions that grant temporary or special powers, such as Article 370, Article 367, and Article 356.
🆚 Comparison Table: Article 392 vs Articles 370, 367 & 356
| Aspect | Article 392 | Article 370 | Article 367 | Article 356 |
|---|---|---|---|---|
| Purpose | To remove difficulties in implementing the Constitution | To grant special autonomy to Jammu & Kashmir | To provide interpretation aid for constitutional terms | To impose President’s Rule in a state |
| Who Has Power | President of India | President, based on the recommendation of J&K | President, via notification | President, on Governor’s report |
| Nature of Power | Temporary & transitional (administrative fix) | Special provision, now abrogated | Interpretative, not legislative or executive | Emergency, when constitutional machinery fails in a state |
| Time Limit / Duration | Implied short-term use, now obsolete | Temporary (Article 370(3)), abrogated in 2019 | Permanent, but used only for clarifying meaning | Valid for 6 months, extendable up to 3 years |
| Used For | Solving technical or legal obstacles | Managing J&K’s constitutional relationship with India | Interpreting ambiguous or undefined terms | Taking over state governance during breakdown |
| Repealed / Obsolete? | Still exists, but not used now | Abrogated via Presidential Order in August 2019 | Still in use | Still in use |
| Impact Area | Entire Constitution | Jammu & Kashmir only | Entire Constitution | Individual states |
| Examples of Use | Removal of Difficulties Orders (1950s) | Special status of J&K; Article 35A | Defined "State", "Rajya Sabha", etc. in special cases | Imposed in Punjab (1980s), J&K (multiple times), others |
✅ Summary Highlights:
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Article 392 was a transitional fix tool — used only in the early years of the Constitution to ensure smooth implementation.
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Article 370 was a unique political provision for Jammu & Kashmir — now revoked.
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Article 367 is technical, used to clarify meanings in the Constitution.
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Article 356 is a powerful emergency provision, still active, used during state-level crises.
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