Question
Download Solution PDFThe emergency provisions of the Indian Constitution are borrowed from the Government of India Act, ________.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFKey Points
- The emergency provisions of the Indian Constitution are borrowed from the Government of India Act, 1935.
- The Government of India Act 1935 was a comprehensive statute that laid the foundation for the federal structure and significant administrative reforms in British India.
- Provisions under this act included the establishment of a Federal Court, the division of powers between the centre and provinces, and emergency powers.
- The Indian Constitution adopted many features from this act, including the emergency provisions allowing the President to declare an emergency in case of war, external aggression, or armed rebellion.
- These emergency provisions ensure that the central government can take swift and decisive action to maintain the sovereignty, security, and integrity of the country during times of crisis.
Additional Information
- The Government of India Act 1935 was the last pre-independence constitution of India, and it served as the basis for the Constitution of India adopted in 1950.
- It introduced provincial autonomy, which allowed Indian provinces to govern themselves to a certain extent, reducing the powers of the British Governor-General.
- The Act also provided for the establishment of a Federal Court and outlined a federal structure for India, which influenced the federal nature of the Indian Constitution.
- Many principles and administrative structures established by the 1935 Act were retained and refined in the Indian Constitution, contributing to the stability and continuity of governance post-independence.
- Emergency provisions were necessary to tackle unforeseen situations that could threaten the nation, thereby providing a constitutional mechanism to handle crises effectively.
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