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The Supreme Court has held that even during a National Emergency under Article 352, constitutional continuity must be preserved, meaning core constitutional features like basic structure continue to apply, ensuring Constitution's identity preserved even during crisis.
- True
- False
Answer: True
Constitutional continuity during Emergency: (a) Basic structure doctrine: Core constitutional features (basic structure) continue to apply even during Emergency; cannot be destroyed even by constitutional amendment, (b) Application to Emergency: (i) Even during Emergency, constitutional continuity preserved: Core features (democracy, secularism, federalism, judicial review, rule of law, dignity) continue to apply, (ii) Emergency powers subject to constitutional continuity: Actions cannot alter core constitutional features, even during crisis, (iii) Judicial review: Courts can examine whether Emergency actions preserve constitutional continuity, not just procedural compliance, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating constitutional continuity, (ii) Rights protection: Ensures core constitutional features continue to apply even during crisis, (d) Rationale: (i) Constitutional supremacy: Constitutional continuity preserves constitutional order 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.