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The Supreme Court has held that even during a National Emergency under Article 352, constitutional adaptation must preserve core constitutional features, meaning Emergency powers enable crisis response while preserving constitutional identity.
- True
- False
Answer: True
Constitutional adaptation during Emergency: (a) Basic structure doctrine: Core constitutional features (basic structure) preserved even during Emergency; constitutional adaptation enables crisis response while preserving constitutional identity, (b) Application to Emergency: (i) Even during Emergency, constitutional adaptation preserves core features: Democracy, secularism, federalism, judicial review, rule of law, dignity cannot be destroyed, (ii) Emergency powers subject to constitutional adaptation: Actions enable crisis response while preserving constitutional identity, (iii) Judicial review: Courts can examine whether Emergency actions preserve constitutional identity through adaptation, not just procedural compliance, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating constitutional adaptation, (ii) Rights protection: Ensures core constitutional features preserved even during crisis through adaptive interpretation, (d) Rationale: (i) Constitutional supremacy: Constitutional adaptation 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 through adaptive interpretation; balance between crisis response capacity and preservation of constitutional democracy.