The idea of including the Emergency provisions in the Constitution of India has been borrowed from the :
(A) Constitution of Canada(B) Weimar Constitution of Germany
(C) Constitution of Ireland
(D) Constitution of USA
Explanations : Certainly! The Emergency provisions in the Constitution of India were primarily influenced by the Government of India Act, 1935, rather than the Weimar Constitution of Germany. Here's a bit more detail:
1. **Government of India Act, 1935**: This Act was a significant constitutional document during the pre-independence era in India. It provided for emergency provisions, particularly in Part VIII, Sections 102 to 167. These provisions dealt with the declaration of emergency situations such as war, external aggression, and internal disturbance, and granted special powers to the executive in such circumstances. The Indian Constitution, drafted after independence, borrowed and modified many of these provisions.
2. **Weimar Constitution of Germany**: While the Weimar Constitution did have emergency provisions, they were quite different in nature and context compared to those in the Indian Constitution. The Weimar Constitution was in effect in Germany from 1919 to 1933 and was ultimately replaced by the Nazi regime. Its emergency provisions, notably Article 48, allowed the President to take emergency measures without the consent of the Reichstag (parliament), but these measures were frequently abused and ultimately contributed to the collapse of the Weimar Republic.
Given this context, it's more accurate to say that the Emergency provisions in the Indian Constitution were primarily derived from the Government of India Act, 1935, rather than the Weimar Constitution of Germany.