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The Supreme Court has held that even during a National Emergency under Article 352, constitutional resilience must be preserved, meaning core constitutional features like basic structure cannot be destroyed, ensuring Constitution's identity preserved even during crisis.
- True
- False
Answer: True
Constitutional resilience during Emergency: (a) Basic structure doctrine: Core constitutional features (basic structure) cannot be destroyed even by constitutional amendment, even during Emergency, (b) Application to Emergency: (i) Even during Emergency, constitutional resilience preserved: Core features (democracy, secularism, federalism, judicial review, rule of law, dignity) cannot be destroyed, (ii) Emergency powers subject to constitutional resilience: Actions cannot alter core constitutional features, even during crisis, (iii) Judicial review: Courts can examine whether Emergency actions preserve constitutional resilience, not just procedural compliance, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating constitutional resilience, (ii) Rights protection: Ensures core constitutional features preserved even during crisis, (d) Rationale: (i) Constitutional supremacy: Constitutional resilience preserves constitutional identity against arbitrary power, even during crisis, (ii) Rights protection: Core features essential for rights protection, democratic governance, even during Emergency, (iii) Democratic legitimacy: Ensures Emergency powers used for genuine crisis response, not constitutional alteration, (e) Illustrates constitutional resilience: Basic structure doctrine ensures Constitution's core identity preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.