GK Question

polity hard mcq

Which feature distinguishes Indian Emergency provisions from those in Germany's Weimar Constitution?

  1. India has no judicial review of Emergency proclamation
  2. India requires Parliamentary approval and has non-suspendable rights
  3. India allows indefinite Emergency without review
  4. India excludes Fundamental Rights suspension entirely

Answer: India requires Parliamentary approval and has non-suspendable rights

Emergency provisions comparison: (a) Weimar Germany: President could declare Emergency with minimal checks; contributed to rise of authoritarianism, (b) India: Safeguards added: (i) Written Cabinet advice mandatory (44th Amendment), (ii) Parliamentary approval within 1 month by special majority, (iii) Judicial review (SR Bommai case), (iv) Articles 20-21 non-suspendable, (v) Lok Sabha can revoke by simple majority. Indian design prevents misuse while enabling crisis response.

Topic Comparative Emergency Provisions
Exam Relevance Emergency safeguards comparison question critical for UPSC Mains and Judiciary exams