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Emergency powers relating to suspension of fundamental rights have been taken from:
Question

Emergency powers relating to suspension of fundamental rights have been taken from:


A.

Canadian Constitution

B.

Australian Constitution

C.

Weimar Constitution of Germany

D.

French Constitution

Correct option is C

The emergency provisions relating to the suspension of fundamental rights in the Indian Constitution have been largely inspired by the Weimar Constitution of Germany (1919-1933).

The Weimar Constitution provided the President of Germany with the authority to declare a state of emergency, which could lead to the suspension of certain fundamental rights during times of national crisis. This was a crucial part of the German constitution during the period of the Weimar Republic and later influenced the framers of the Indian Constitution.

In India, Article 359 of the Indian Constitution allows the President to suspend the enforcement of fundamental rights during an emergency, except for those related to the protection of life and personal liberty (Article 21) unless explicitly suspended. The Indian Constitution adopted this mechanism from the Weimar Constitution in response to the need for executive flexibility during national emergencies.

Information Booster :

Main Sources of the Indian Constitution:

Government of India Act, 1935 (British Colonial Act):
The Government of India Act of 1935 was the most significant source from which several provisions of the Indian Constitution were borrowed. The Act itself was a centralizing document, which laid the foundation for the federal structure of the Indian government.
Important Provisions Borrowed:
Federal structure (though with a unitary bias).
Governor’s powers in provinces (Article 154-167).
Emergency provisions (Article 352-360).
The establishment of a Reserve Bank of India (for currency management).

The British Constitution:

The British Constitution contributed several key elements, as India was under British rule until 1947. Though the British Constitution is unwritten, the influence is still visible in aspects like the Parliamentary system, Cabinet system, rule of law, and single citizenship.
Important Provisions Borrowed:
Parliamentary system of government.
Double citizenship (single citizenship in India).
The concept of the rule of law and supremacy of the judiciary.

The U.S. Constitution:
The United States Constitution had a significant influence, especially in the structure of fundamental rights and the system of checks and balances.
Important Provisions Borrowed:
Fundamental rights (Part III of the Indian Constitution).
Independence of the judiciary.
The system of impeachment of the President (Article 61).
Preamble, which draws inspiration from the Preamble of the U.S. Constitution (the idea of justice, liberty, equality, and fraternity).

The Irish Constitution:
The Irish Constitution (1937) influenced several provisions of the Indian Constitution, especially the concept of Directive Principles of State Policy.
Important Provisions Borrowed:
Directive Principles of State Policy (Part IV) in the Indian Constitution.
The method of election of the President (by an electoral college, similar to the Irish model).

The Canadian Constitution:
Canada’s Constitution had a strong influence on the federal structure of the Indian Constitution, particularly with respect to the distribution of powers between the central government and the states.
Important Provisions Borrowed:
Federal structure with a strong central government.
Distribution of powers between the Union and State legislatures (similar to Canada's system of dual federalism).

The French Constitution:
The French Constitution provided inspiration in certain areas, notably the concept of secularism in governance.
Important Provisions Borrowed:
Secular state — ensuring religious freedom and non-interference in religious matters.
Fundamental rights and freedoms (inspired by the French Declaration of the Rights of Man).

The Australian Constitution:
The Australian Constitution influenced the distribution of powers between the center and the states.
Important Provisions Borrowed:
Concurrent List (subjects on which both the Union and State legislatures can legislate).

The Weimar Constitution of Germany:
The Weimar Constitution (1919) of Germany influenced certain emergency provisions in the Indian Constitution, particularly the provisions dealing with the suspension of fundamental rights during national emergencies.
Important Provisions Borrowed:
Emergency provisions (Article 352-360), enabling the central government to take control during times of national emergency.

The South African Constitution:
The South African Constitution inspired provisions related to fundamental rights, particularly with regard to the rights of minorities and protection against discrimination.
Important Provisions Borrowed:
The concept of a "Bill of Rights" as a protection for individuals.
The framework of the independent judiciary.

The Japanese Constitution:
The Japanese Constitution contributed to provisions concerning fundamental duties and the role of the military.
Important Provisions Borrowed:
The concept of a pacifist state, wherein Article 51 of the Indian Constitution aligns with ideas regarding the military's role in the country.


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