Which feature distinguishes Indian Emergency provisions from those in Germany's Weimar Constitution?
- India has no judicial review of Emergency proclamation
- India requires Parliamentary approval and has non-suspendable rights
- India allows indefinite Emergency without review
- 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.