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The idea of including the Emergency provisions in the Constitution of India has been borrowed from the
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] 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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > 2. Drawn from Various Sources > p. 28
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > 2. Drawn from Various Sources > p. 28
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Emergency Provisions > p. 173
- [5] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Emergency Provisions > p. 173