OPSC OAS 2022 PrelimsPolityQuestion 20
Solved previous year question from the OPSC OAS/OCS 2022 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.
Question
From which Constitution ‘Suspension of Fundamental Rights during Emergency’ was borrowed to Indian Constitution?
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Show answer & explanation
Answer & Explanation
Correct answer: (B) Weimer Constitution of Germany
Explaination
- The provision of Suspension of Fundamental Rights during Emergency in the Indian Constitution was borrowed from the Weimar Constitution of Germany. The Weimar Constitution (1919) of Germany contained provisions that allowed for the suspension of fundamental rights during times of national emergency, which inspired the framers of the Indian Constitution to include similar provisions.
In the Indian Constitution this is reflected in:
- Art. 358 — Suspension of provisions of Art. 19 during National Emergency
- Art. 359 — Suspension of enforcement of other Fundamental Rights during Emergency by Presidential Order
Features Borrowed by Indian Constitution from Other Constitutions
| Source Country/Document | Features Borrowed |
|---|---|
| Government of India Act 1935 | Federal scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Administrative details |
| British Constitution (UK) | Parliamentary form of government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Parliamentary privileges, Bicameralism |
| United States Constitution (USA) | Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of President, Removal of Supreme Court and High Court judges, Post of Vice President, Preamble |
| Irish Constitution (Ireland) | Directive Principles of State Policy, Nomination of members to Rajya Sabha, Method of election of President |
| Canadian Constitution | Federal system with strong centre, Residuary powers with Centre, Advisory jurisdiction of Supreme Court, Appointment of Governor by Centre |
| Australian Constitution | Concurrent List, Freedom of trade and commerce, Joint sitting of Parliament, Language of the Preamble |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during Emergency |
| Soviet Constitution (USSR) | Fundamental Duties, Ideals of Justice (Social, Economic, Political) in Preamble |
| French Constitution | Republic, Ideals of Liberty, Equality and Fraternity in Preamble |
| South African Constitution | Procedure for amendment of Constitution, Election of members of Rajya Sabha |
| Japanese Constitution | Procedure established by Law (Art. 21) |
