Henry VIII Clause: Presidential Power to Remove Transitional Difficulties
Official heading: “Power of the President to remove difficulties”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XXI, Article 392, printed page 251
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1. In One Sentence
Empowered the President to adapt the Constitution to remove difficulties in the transition from the Government of India Act 1935 until the first meeting of elected Parliament.
2. What It Means in Everyday Language
Article 392 is the constitutional "removal of difficulties" provision (known in constitutional law as a Henry VIII clause).
It authorized the President, for the purpose of removing any difficulties in the transition from the Government of India Act, 1935 to the Constitution of India, to direct that the Constitution shall have effect subject to specified adaptations, whether by modification, addition, or omission.
The framers included a strict democratic safeguard in the proviso: no such order could be made after the first meeting of Parliament duly elected under Chapter II of Part V.
Every order had to be laid before Parliament. Under clause (3), prior to 26 January 1950, these powers were exercisable by the Governor-General of the Dominion of India to ensure that all transitional orders were ready on Republic Day.
3. Practical Illustrative Example
In 1950, the President issued the Constitution (Removal of Difficulties) Order to clarify procedural rules for the provisional parliament before general elections.
4. Important Limits, Qualifications & Exceptions
Article 392 provided executive flexibility during the birth of the Republic with an absolute sunset.
- Strict sunset clause: Expired permanently upon the first meeting of the elected Parliament in May 1952.
- Transitional purpose only: Limited to resolving difficulties in transition from the 1935 Act.
- Parliamentary accountability: All removal of difficulties orders had to be laid before Parliament.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XXI, Article 392, printed page 251 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.