Power of the President to remove difficulties
Quick Summary (TL;DR)
Article 392 (Power of the President to remove difficulties): Special, transitional, and regional development provisions under Part XXI.
In Simple Citizen Words
Article 392 ('Power of the President to remove difficulties') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (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...
Key Constitutional Provisions
Constitutional Mandate (Art. 392): Directly codifies the legal rule for 'Power of the President to remove difficulties' under Part XXI
Structured across 5 clause(s) with explicit constitutional provisos/safeguards
Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action
Exceptions & Reasonable Restrictions
Under Article 372(1), all pre-Constitution laws continue in force only 'subject to the other provisions of this Constitution'—meaning any colonial-era law violating Fundamental Rights can be struck down under Article 13 (as in Navtej Singh Johar, 2018).
Why This Matters in Daily Life
Accommodates India's regional diversity and ensures seamless legal continuity from 1950 to the modern Republic.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: