GK Question

Answer: Government actions must respect constitutional values like democracy, secularism, federalism, even during Emergency

Constitutional values during Emergency: (a) Basic structure doctrine: Constitutional values (democracy, secularism, federalism, judicial review, rule of law, dignity) part of basic structure; cannot be destroyed even by constitutional amendment, (b) Application to Emergency: (i) Even during Emergency, government actions must respect constitutional values, (ii) Emergency powers subject to constitutional values: Actions must comply with democratic values, federal balance, rights protection, (iii) Judicial review: Courts can examine whether Emergency actions comply with constitutional values, not just procedural compliance, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating constitutional values, (ii) Rights protection: Ensures Emergency powers used for genuine crisis response, not political suppression, (d) Rationale: (i) Constitutional supremacy: Constitutional values preserve constitutional identity against arbitrary power, even during crisis, (ii) Rights protection: Constitutional values essential for rights protection, democratic governance, even during Emergency, (iii) Democratic legitimacy: Ensures Emergency powers used for genuine crisis response, not arbitrary power, (e) Illustrates constitutional resilience: Constitutional values ensure Constitution's core identity preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.