Power of the President to remove difficulties

Article 313, Draft Constitution of India 1948

(1) Subject to the provisions of clause (1) of article 311 of this Constitution, 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 variation, addition, or repeal, 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 of this Constitution.

(2) Every order made under clause (1) of this article shall be laid before each House of Parliament.

Article 392, Constitution of India 1950

(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.

Draft Article 313 (Article 392) was discussed in the Constituent Assembly on 7 October 1949. This transitional provision gave the President the temporary power to alter, add or repeal constitutional provisions to specifically combat any difficulties that may arise during the transition to the new Constitution from the Government of India Act 1935.

Some Members opposed the Draft Article, arguing that it gave the President extensive powers to modify the Constitution and allowed him to make such changes based on his individual discretion. They expressed fears that the President was vested with such wide powers without a clarity on how long he would have such power. Members preferred that Parliament, rather than the President, be empowered with such powers. A Member suggested that the President could make changes based on the recommendations of Parliament or the State Legislature. Alternatively, any changes initiated by the President should be laid before Parliament for its approval.

Defending the Draft Article, the Drafting Committee Chairman argued that there were bound to be some difficulties arising during the transition period, that the Drafting Committee or Constituent Assembly may not be able to foresee. In addition, he felt that the Provisional Parliament would be too occupied with other matters to have the time to deal with these issues which might need immediate attention. Hence, it was important that the President have the power to bring about an effective and immediate remedy. This power would also automatically end when a new Parliament under the new Constitution comes into place.

The proposed Draft Article, as amended by the Drafting Committee Chairman, was adopted as part of the Constitution on 7 October 1949.