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When reviewing constitutional amendments for basic structure compliance, courts apply a form of ______ analysis to assess whether amendment's object, impact destroys core constitutional features, balancing amendment power with constitutional identity preservation.
- Wednesbury
- proportionality
- rational basis
- strict scrutiny
Answer: proportionality
Proportionality in basic structure review: (a) Basic structure review framework: (i) Legitimate aim: Amendment must pursue valid constitutional objective (e.g., social justice, federal balance), (ii) Rational connection: Amendment means must be suitable to achieve aim without destroying basic structure, (iii) Necessity: No less restrictive alternative available that achieves aim while preserving basic structure, (iv) Balancing: Amendment benefits must outweigh harm to basic structure features, (b) Applications: (i) Reservation amendments: Upheld if based on reasonable classification, empirical data, balancing affirmative action with merit (Indra Sawhney, Janhit Abhiyan), (ii) Federal amendments: Upheld if preserving State autonomy while enabling national coordination (GST amendment with State ratification), (iii) Rights amendments: Struck down if destroying core rights protection (Minerva Mills striking DPSP primacy over FRs), (c) Judicial restraint: (i) Deference to Parliament: Courts respect legislative judgment on policy choices within constitutional bounds, (ii) Core protection: Courts intervene only if amendment destroys basic structure features, not merely modifies them, (iii) Contextual assessment: Proportionality applied contextually, considering amendment's object, impact, constitutional context, (d) Rationale: (i) Calibrated review: Proportionality enables nuanced assessment of amendment's compatibility with basic structure, (ii) Balance: Respects parliamentary amendment power while protecting constitutional core, (iii) Adaptation: Enables constitutional evolution while preserving identity, (e) Illustrates sophisticated constitutional review: Proportionality analysis enables courts to balance amendment power with basic structure protection; ensures constitutional adaptation without abandonment of foundational values.