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Q20 (NDA-I/2009) Polity & Governance › Federalism & Emergency Provisions › President's Rule provisions Answer Verified

The idea of including the Emergency provisions in the Constitution of India has been borrowed from the

Result
Your answer: —  Â·  Correct: B
Explanation

The idea of including Emergency provisions in the Indian Constitution is primarily attributed to the Weimar Constitution of Germany [t1][t2]. While the Government of India Act, 1935, provided the structural framework and administrative details for emergency powers [c1][c4], the specific concept of suspending Fundamental Rights during such periods was borrowed from the German model [t5]. Part XVIII of the Constitution (Articles 352 to 360) outlines three types of emergencies: National, State (President's Rule), and Financial [c2][t6]. These provisions allow the Central government to effectively manage abnormal situations by transforming the federal structure into a unitary one to safeguard national sovereignty and integrity [c3][c5]. Consequently, the Weimar Constitution is recognized as the key external source for the philosophical and legal basis of these extraordinary powers in the Indian context [t3][t6].

Sources

  1. [1] https://aqar22-23.uttaranchaluniversity.ac.in/data/Criterion%203/3.4.5/Research%20Papers%202022-23/611.%20%20AN%20ANALYSIS%20%20EMERGENCY%20PROVISION%20IN%20INDIA%20-%20MUSKAN.pdf
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > 2. Drawn from Various Sources > p. 28
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > 2. Drawn from Various Sources > p. 28
  4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Emergency Provisions > p. 173
  5. [5] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Emergency Provisions > p. 173
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