Political Science · Political Institutions in India
UGC NET Jan 2025 Political Science
Emergency powers relating to suspension of fundamental rights have been taken from:-
ACanadian Constitution
BAustralian Constitution
CWeimar Constitution of Germany ✓ Correct
DFrench Constitution
Correct answer: (C) Weimar Constitution of Germany — The emergency powers relating to the suspension of fundamental rights were taken from the Weimar Constitution of Germany, which is option (3).
Explanation
★The emergency powers relating to the suspension of fundamental rights were taken from the Weimar Constitution of Germany, which is option (3).
★The Weimar Constitution allowed the suspension of certain rights during emergencies in inter war Germany.
★India adopted a similar provision, mainly through Article 359 of the Constitution.
★Article 359 allows the President to suspend the right to move the courts for the enforcement of fundamental rights during an emergency.
★This is part of the wider emergency provisions found in Part XVIII of the Constitution.
★A national emergency itself is declared under Article 352 on grounds of war, external aggression or armed rebellion.
★During the Emergency of 1975 to 1977 these powers were used to suspend the enforcement of several rights.
★The 44th Amendment of 1978 later restricted these powers, protecting Articles 20 and 21 even during an emergency.
★The option Canadian Constitution is wrong, since India drew its strong centre and residuary powers, not emergency rights suspension, from Canada.
★The option Australian Constitution is wrong, since the Concurrent List and trade and commerce provisions came from Australia.
★The option French Constitution is wrong, since the ideals of liberty, equality and fraternity, not these powers, are linked to France.
★The emergency provisions are among the most debated parts of the Constitution because of their potential for misuse.
★They reflect the framers' concern to protect the unity and security of a newly independent country.
★The German inspiration shows how the makers borrowed selectively from many constitutional traditions.
★For NET, fix the suspension of fundamental rights during an emergency, under Article 359, as borrowed from the Weimar Constitution of Germany.
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