UP High Court RO / ARO 10 Dec 2021 Shift 1

Emergency provisions in Indian Constitution are taken from:

Verified Answer
A. Australia
B. Japan
C. Germany
D. Canada

Explanation:

This question asks about the country from which the emergency provisions in the Indian Constitution were borrowed. (A) Australia: The concept of the Concurrent List, freedom of trade, commerce, and intercourse, and the joint sitting of the two Houses of Parliament were borrowed from the Australian Constitution. Emergency provisions were not borrowed from Australia. The document incorrectly indicated this option as the correct answer. Therefore, this option is factually incorrect. (B) Japan: The concept of 'Procedure established by law' was borrowed from the Japanese Constitution. Emergency provisions were not borrowed from Japan. Therefore, this option is incorrect. (C) Germany: The emergency provisions, particularly the suspension of Fundamental Rights during an emergency, were borrowed from the Weimar Constitution of Germany. This includes the provisions related to National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360). This option is correct. (D) Canada: The concept of a federation with a strong center, the vesting of residuary powers in the center, the appointment of state governors by the center, and advisory jurisdiction of the Supreme Court were borrowed from the Canadian Constitution. Emergency provisions were not borrowed from Canada. Therefore, this option is incorrect.