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The Preamble's promise to assure 'the dignity of the individual' is foundational to Fundamental Rights, particularly Article 21 (right to life and personal liberty), which the Supreme Court has interpreted to include privacy, health, environment, livelihood, and other dignity-enhancing rights.
- True
- False
Answer: True
Dignity in Preamble and Fundamental Rights: (a) Preamble's dignity promise: Intrinsic worth of every person; foundation for rights protecting life, liberty, equality, (b) Article 21 operationalization: (i) Maneka Gandhi (1978): Procedure under Article 21 must be fair, just, reasonable - importing procedural due process, (ii) Francis Coralie (1981): Right to life means right to live with human dignity, including bare necessities, facilities for development, (iii) Puttaswamy (2017): Right to privacy intrinsic to dignity, autonomy under Article 21, (c) Dignity-enhancing rights recognized under Article 21: (i) Health: Right to emergency medical care (Parmanand Katara), occupational health (Consumer Education), (ii) Environment: Right to pollution-free environment (Subhash Kumar), sustainable development (Vellore Citizens), (iii) Livelihood: Right to livelihood integral to right to life (Olga Tellis), (iv) Privacy: Control over personal space, choices, data (Puttaswamy), (d) Interconnection with other rights: (i) Article 14: Dignity requires equality before law, non-discrimination, (ii) Article 19: Dignity requires freedoms of speech, expression, movement, (iii) Articles 25-28: Dignity requires freedom of religion, cultural rights, (e) Illustrates dignity-centric constitutionalism: Preamble's dignity promise foundational to Fundamental Rights; judicial interpretation expands Article 21 to include dignity-enhancing rights, ensuring constitutional vision of human worth realized in practice.
The Preamble's 'Secular' commitment (added by 42nd Amendment) means the Indian state maintains principled distance from all religions, treating all faiths with equal respect, not that the state is atheistic or hostile to religion.
- True
- False
Answer: True
Secularism in Preamble: (a) Indian secularism: Not Western model of strict separation (state religion-free zone) but principled distance: (i) State neutrality: No official religion, no preference for any faith, (ii) Equal respect: All religions treated with equal dignity, state can intervene to reform religious practices violating Fundamental Rights, (iii) Not atheism: State not hostile to religion; individuals free to practice, propagate faith subject to public order, morality, health, (b) Constitutional operationalization: (i) Articles 25-28: Freedom of religion, subject to public order, morality, health, (ii) Article 15: Prohibition of religious discrimination, (iii) Article 29-30: Minority rights to conserve culture, establish educational institutions, (c) Applications: (i) Religious reform: State can legislate to abolish discriminatory practices (e.g., triple talaq, temple entry restrictions), (ii) Minority protection: State can support minority educational institutions while ensuring secular education, (iii) Public order: State can regulate religious practices threatening public order, health, morality, (d) Judicial interpretation: (i) SR Bommai (1994): Secularism part of basic structure; state action against secularism can justify President's Rule, (ii) Shirur Mutt (1954): Defined 'religion' for constitutional protection, balancing religious freedom with social reform, (e) Illustrates calibrated secularism: Preamble's secular commitment operationalized through constitutional provisions; balance between religious freedom and social reform, individual faith and collective welfare essential to Indian secularism.
The Supreme Court has used the Preamble as an interpretive aid in landmark judgments, including recognizing right to privacy (Puttaswamy, 2017) based on Preamble's dignity value, and protecting secularism (SR Bommai, 1994) based on Preamble's secular commitment.
- True
- False
Answer: True
Preamble's interpretive role: (a) Puttaswamy v. Union of India (2017): (i) Recognized right to privacy as intrinsic to Article 21, (ii) Preamble's dignity value guided interpretation: Privacy essential for human dignity, autonomy, (iii) Privacy also linked to liberty (Article 19), equality (Article 14), showing Preamble's interconnected values, (b) SR Bommai v. Union of India (1994): (i) Held secularism part of basic structure, (ii) Preamble's secular commitment guided interpretation: State neutrality in religious matters essential to constitutional identity, (iii) Enabled judicial review of President's Rule imposition based on secularism violations, (c) Other examples: (i) Minerva Mills (1980): Preamble's justice, liberty, equality guided FR-DPSP balance interpretation, (ii) Navtej Singh Johar (2018): Preamble's dignity, equality guided LGBTQ+ rights recognition, (d) Limits: (i) Preamble not directly enforceable: Must be linked to specific provisions (Fundamental Rights, Directive Principles), (ii) Interpretive aid, not standalone basis: Courts use Preamble to resolve ambiguities, not create new rights absent constitutional text, (e) Illustrates living constitutionalism: Preamble as normative compass enabling constitutional adaptation to contemporary challenges while preserving core values.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that while the Preamble can be amended under Article 368, the basic structure of the Constitution (including core Preamble values like democracy, secularism, federalism) cannot be destroyed by amendment.
- True
- False
Answer: True
Preamble and basic structure doctrine: (a) Kesavananda Bharati (1973): 13-judge bench held Parliament can amend Constitution under Article 368 but cannot alter its 'basic structure', (b) Preamble's role: (i) Preamble is part of Constitution, amendable under Article 368, (ii) BUT basic structure features (including core Preamble values: sovereignty, democracy, secularism, federalism, justice, liberty, equality, fraternity) cannot be destroyed by amendment, (c) Applications: (i) 42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble - valid as it enhanced, not destroyed, basic structure, (ii) Hypothetical invalid amendment: Removing 'Democratic' or 'Secular' from Preamble would likely violate basic structure, (d) Rationale: (i) Constitutional identity: Basic structure preserves core values defining Indian constitutionalism, (ii) Democratic safeguards: Prevents transient majorities from destroying foundational democratic features, (iii) Rights protection: Ensures Fundamental Rights forming part of basic structure remain protected, (e) Illustrates calibrated amendment power: Preamble can be amended to reflect evolving national priorities, but core constitutional identity protected through basic structure doctrine.
The Preamble's promise of 'equality of status and of opportunity' is operationalized through Fundamental Rights (Articles 14-18) and Directive Principles, requiring both formal equality (treating likes alike) and substantive equality (addressing historical disadvantages through affirmative action).
- True
- False
Answer: True
Equality in Preamble and Constitution: (a) Equality of status: Legal equality before law (Article 14), abolition of untouchability (Article 17), abolition of titles (Article 18), (b) Equality of opportunity: (i) Article 16: Equality of opportunity in public employment, (ii) Reservation policies: Affirmative action for SC/ST/OBC to address historical disadvantage, (c) Formal vs. substantive equality: (i) Formal equality: Treating likes alike; prohibits arbitrary discrimination, (ii) Substantive equality: Recognizes that historical disadvantage requires differential treatment to achieve real equality; permits reasonable classification for affirmative action, (d) Applications: (i) Indra Sawhney (1992): Upheld OBC reservation with creamy layer exclusion as substantive equality, (ii) Davinder Singh (2024): Permitted sub-classification within SCs to ensure equitable benefit distribution, (e) Illustrates transformative equality: Preamble's equality promise not limited to formal neutrality but includes measures to remove structural inequalities; foundation for affirmative action, social justice policies.
The words 'Sovereign, Socialist, Secular, Democratic, Republic' in the Preamble were all part of the original Constitution adopted in 1950; the 42nd Amendment (1976) only added 'Integrity' to 'Unity and Integrity of the Nation'.
- True
- False
Answer: False
Preamble amendments: (a) Original Preamble (1950): Contained 'Sovereign, Democratic, Republic' and 'Unity of the Nation', (b) 42nd Amendment (1976): Added three words: (i) 'Socialist' - reflecting commitment to social and economic equality, (ii) 'Secular' - reflecting state's neutrality in religious matters, (iii) 'Integrity' - added to 'Unity' to emphasize territorial integrity, (c) Significance of additions: (i) Socialist: Not Marxist socialism but democratic socialism with mixed economy, welfare state, (ii) Secular: Equal respect for all religions, state neutrality, not atheism, (iii) Integrity: Emphasizes territorial unity against secessionist threats, (d) Applications: (i) Judicial interpretation: Courts use these words to interpret constitutional provisions (e.g., secularism in SR Bommai), (ii) Policy guidance: Preamble values guide legislation, executive action, judicial decisions, (e) Illustrates constitutional evolution: Preamble reflects changing national priorities; 42nd Amendment updates foundational values while preserving core democratic principles.
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.
In SR Bommai v. Union of India (1994), the Supreme Court emphasized that Governor's report recommending President's Rule must promote constitutional resilience by preserving core constitutional features even during crisis.
- True
- False
Answer: True
Constitutional resilience under SR Bommai: (a) Context: Challenge to President's Rule imposition violating constitutional resilience, (b) Supreme Court holding: (i) Governor's report must promote constitutional resilience: Preserving core constitutional features (basic structure) even during crisis, (ii) Constitutional breakdown narrowly defined: Genuine inability to function in accordance with Constitution, not mere political instability, (iii) Judicial review: Courts examine whether report promotes constitutional resilience, not just procedural compliance, (c) Applications: (i) Post-1994: Courts more willing to strike down Article 356 proclamations violating constitutional resilience, (ii) Federal balance: Protects State autonomy against arbitrary Centre overreach via gubernatorial discretion, (d) Rationale: (i) Democratic legitimacy: Elected State governments represent people's will; Article 356 exceptional measure, not routine tool, (ii) Constitutional morality: Governor as constitutional functionary, not political agent, (iii) Judicial oversight: Courts ensure Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Constitutional resilience requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.
The Supreme Court has held that even during a National Emergency under Article 352, constitutional democracy must be preserved, meaning democratic processes, rights protection, federal balance cannot be suspended, ensuring Constitution's democratic identity preserved even during crisis.
- True
- False
Answer: True
Constitutional democracy during Emergency: (a) Basic structure doctrine: Constitutional democracy (democratic processes, rights protection, federal balance) part of basic structure; cannot be destroyed even by constitutional amendment, (b) Application to Emergency: (i) Even during Emergency, constitutional democracy preserved: Democratic processes, rights protection, federal balance cannot be suspended, (ii) Emergency powers subject to constitutional democracy: Actions must comply with democratic values, federal balance, rights protection, (iii) Judicial review: Courts can examine whether Emergency actions preserve constitutional democracy, not just procedural compliance, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating constitutional democracy, (ii) Rights protection: Ensures democratic processes, rights protection preserved even during crisis, (d) Rationale: (i) Constitutional supremacy: Constitutional democracy preserves constitutional identity against arbitrary power, even during crisis, (ii) Rights protection: Democratic processes, rights protection essential for democratic governance, even during Emergency, (iii) Democratic legitimacy: Ensures Emergency powers used for genuine crisis response, not arbitrary power, (e) Illustrates constitutional resilience: Constitutional democracy ensures Constitution's core identity preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.
In SR Bommai v. Union of India (1994), the Supreme Court emphasized that Governor's report recommending President's Rule must promote democratic federalism by protecting State autonomy unless genuine constitutional breakdown occurs.
- True
- False
Answer: True
Democratic federalism under SR Bommai: (a) Context: Challenge to President's Rule imposition violating democratic federalism, (b) Supreme Court holding: (i) Governor's report must promote democratic federalism: State autonomy protected unless genuine constitutional breakdown occurs, (ii) Constitutional breakdown narrowly defined: Genuine inability to function in accordance with Constitution, not mere political instability, (iii) Judicial review: Courts examine whether report promotes democratic federalism, not just procedural compliance, (c) Applications: (i) Post-1994: Courts more willing to strike down Article 356 proclamations violating democratic federalism, (ii) Federal balance: Protects State autonomy against arbitrary Centre overreach via gubernatorial discretion, (d) Rationale: (i) Democratic legitimacy: Elected State governments represent people's will; Article 356 exceptional measure, not routine tool, (ii) Constitutional morality: Governor as constitutional functionary, not political agent, (iii) Judicial oversight: Courts ensure Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Democratic federalism requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.
The Supreme Court has held that even during a National Emergency under Article 352, constitutional culture (values of democracy, rule of law, rights protection) must be preserved, meaning Emergency powers must be exercised in accordance with constitutional values, not political considerations.
- True
- False
Answer: True
Constitutional culture during Emergency: (a) Constitutional principle: Constitutional culture (values of democracy, rule of law, rights protection, federalism) must guide all government actions, including during Emergency, (b) Application to Emergency: (i) Even during Emergency, constitutional culture must be preserved: Government actions must respect democratic values, federal balance, rights protection, (ii) Emergency powers subject to constitutional culture: Actions must comply with constitutional values, not political considerations, (iii) Judicial review: Courts can examine whether Emergency actions comply with constitutional culture, not just procedural compliance, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating constitutional culture, (ii) Rights protection: Ensures Emergency powers used for genuine crisis response, not political suppression, (d) Rationale: (i) Constitutional supremacy: Constitutional culture preserves constitutional identity against arbitrary power, even during crisis, (ii) Rights protection: Constitutional culture 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 culture ensures Constitution's core values preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.
In SR Bommai v. Union of India (1994), the Supreme Court emphasized that Governor's report recommending President's Rule must preserve constitutional identity by respecting basic structure principles like secularism, democracy, federalism.
- True
- False
Answer: True
Constitutional identity under SR Bommai: (a) Context: Challenge to President's Rule imposition violating constitutional identity, (b) Supreme Court holding: (i) Governor's report must preserve constitutional identity by respecting basic structure principles (secularism, democracy, federalism, judicial review, rule of law, dignity), (ii) State government acting against basic structure principles can justify Article 356, but action must genuinely threaten principles, not mere political disagreement, (iii) Judicial review: Courts examine whether report preserves constitutional identity, not just procedural compliance, (c) Applications: (i) Secularism test: State policies promoting religious discrimination can trigger Article 356, but courts examine genuine threat, not political pretext, (ii) Democracy test: Loss of majority verified through floor test, not Governor's subjective assessment, (iii) Federalism test: Protects State autonomy against arbitrary Centre overreach, (d) Rationale: (i) Constitutional supremacy: Constitutional identity preserves constitutional order against arbitrary power, even during crisis, (ii) Federal balance: Protects State autonomy while enabling Union to preserve constitutional order, (iii) Democratic legitimacy: Ensures Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Constitutional identity requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.
The Supreme Court has held that even during a National Emergency under Article 352, separation of powers as part of basic structure cannot be suspended, meaning executive, legislative, judicial functions remain distinct, with judicial review of Emergency actions permitted.
- True
- False
Answer: True
Separation of powers during Emergency: (a) Basic structure doctrine: Separation of powers part of basic structure (Kesavananda Bharati, 1973); cannot be destroyed even by constitutional amendment, (b) Application to Emergency: (i) Even during Emergency, separation of powers maintained: Executive, legislative, judicial functions remain distinct, (ii) Judicial review permitted: Courts retain power to review Emergency actions for constitutional compliance, (iii) Limits on executive power: Emergency powers subject to legislative approval, judicial review, not unlimited executive discretion, (c) Applications: (i) Post-1978: Courts more willing to examine Emergency actions for separation of powers compliance, (ii) Rights protection: Ensures Emergency powers used for genuine crisis response, not arbitrary executive power, (d) Rationale: (i) Constitutional supremacy: Separation of powers preserves constitutional order against arbitrary power, even during crisis, (ii) Rights protection: Separation of powers 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: Separation of powers as basic structure ensures Constitution's core identity preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.
In SR Bommai v. Union of India (1994), the Supreme Court emphasized that Governor's report recommending President's Rule must ensure democratic legitimacy by verifying loss of majority through floor test, not subjective assessments.
- True
- False
Answer: True
Democratic legitimacy under SR Bommai: (a) Context: Challenge to President's Rule imposition without democratic verification of loss of majority, (b) Supreme Court holding: (i) Governor's report must ensure democratic legitimacy by verifying loss of majority through floor test in Assembly, (ii) Floor test ensures elected representatives, not appointed Governor, decide government fate, (iii) Governor cannot send report based on subjective assessment, media reports, political considerations without floor test, (c) Applications: (i) Post-1994: Courts more willing to strike down Article 356 proclamations without democratic verification, (ii) Federal balance: Protects State autonomy against arbitrary Centre overreach via gubernatorial discretion, (d) Rationale: (i) Democratic legitimacy: Elected Assembly represents people's will; floor test ensures Ministry reflects Assembly majority, (ii) Constitutional morality: Governor as constitutional functionary, not political agent, (iii) Judicial oversight: Courts ensure Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Democratic legitimacy requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.
During a National Emergency under Article 352, Parliament can amend the Constitution under Article 368, but such amendments cannot destroy the basic structure of the Constitution, per Kesavananda Bharati (1973).
- True
- False
Answer: True
Constitutional amendments during Emergency: (a) Constitutional principle: Parliament can amend Constitution under Article 368 even during Emergency, but basic structure doctrine (Kesavananda Bharati, 1973) limits amendment power, (b) Basic structure limitation: (i) Even during Emergency, amendments cannot destroy basic structure features (democracy, secularism, federalism, judicial review, rule of law, dignity), (ii) Judicial review: Courts can examine whether amendments comply with basic structure, not just procedural compliance, (c) Applications: (i) Post-1973: Courts more willing to strike down amendments violating basic structure, even during Emergency, (ii) Rights protection: Ensures core constitutional features preserved even during crisis, (d) Rationale: (i) Constitutional supremacy: Basic structure 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.
In SR Bommai v. Union of India (1994), the Supreme Court held that Governor's report recommending President's Rule cannot violate basic structure principles like secularism, democracy, federalism, and such violations can justify judicial intervention.
- True
- False
Answer: True
Basic structure compliance under SR Bommai: (a) Context: Challenge to President's Rule imposition violating basic structure principles, (b) Supreme Court holding: (i) Governor's report cannot violate basic structure principles (secularism, democracy, federalism, judicial review, rule of law, dignity), (ii) State government acting against basic structure principles can justify Article 356, but action must genuinely threaten principles, not mere political disagreement, (iii) Judicial review: Courts can examine whether report complies with basic structure, not just procedural compliance, (c) Applications: (i) Secularism test: State policies promoting religious discrimination can trigger Article 356, but courts examine genuine threat, not political pretext, (ii) Democracy test: Loss of majority verified through floor test, not Governor's subjective assessment, (iii) Federalism test: Protects State autonomy against arbitrary Centre overreach, (d) Rationale: (i) Constitutional supremacy: Basic structure preserves constitutional identity against arbitrary power, even during crisis, (ii) Federal balance: Protects State autonomy while enabling Union to preserve constitutional order, (iii) Democratic legitimacy: Ensures Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Basic structure compliance requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.
The Supreme Court has held that even during a National Emergency under Article 352, judicial independence as part of basic structure cannot be suspended, meaning courts retain power to review Emergency actions for constitutional compliance.
- True
- False
Answer: True
Judicial independence during Emergency: (a) Basic structure doctrine: Judicial independence part of basic structure (Kesavananda Bharati, 1973); cannot be destroyed even by constitutional amendment, (b) Application to Emergency: (i) Even during Emergency, courts retain power to review Emergency actions for constitutional compliance, (ii) Judicial review scope: Procedural compliance, relevance to Emergency purposes, constitutional principles compliance, (iii) Courts cannot re-appreciate material, substitute judicial wisdom for Presidential satisfaction, but can examine constitutional compliance, (c) Applications: (i) Post-1978: Courts more willing to examine Emergency actions for constitutional compliance, (ii) Rights protection: Ensures Emergency powers used for genuine crisis response, not rights suppression, (d) Rationale: (i) Constitutional supremacy: Judicial independence preserves constitutional order against arbitrary power, even during crisis, (ii) Rights protection: Judicial review essential for rights protection, even during Emergency, (iii) Democratic legitimacy: Courts ensure Emergency powers used for genuine crisis response, not arbitrary power, (e) Illustrates constitutional resilience: Judicial independence as basic structure ensures Constitution's core identity preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.
In SR Bommai v. Union of India (1994), the Supreme Court held that judicial review of Governor's report under Article 356 includes examining whether recommended action complies with constitutional principles like secularism, democracy, federalism.
- True
- False
Answer: True
Constitutional principles compliance under SR Bommai: (a) Context: Challenge to President's Rule imposition violating constitutional principles, (b) Supreme Court holding: (i) Judicial review includes examining whether recommended action complies with constitutional principles (secularism, democracy, federalism, rule of law), (ii) State government acting against constitutional principles can justify Article 356, but action must genuinely threaten principles, not mere political disagreement, (iii) Courts examine whether action complies with basic structure, not just procedural compliance, (c) Applications: (i) Secularism test: State policies promoting religious discrimination can trigger Article 356, but courts examine genuine threat, not political pretext, (ii) Democracy test: Loss of majority verified through floor test, not Governor's subjective assessment, (iii) Federalism test: Protects State autonomy against arbitrary Centre overreach, (d) Rationale: (i) Constitutional supremacy: Governor's report subject to constitutional limits, judicial oversight, (ii) Federal balance: Protects State autonomy while enabling Union to preserve constitutional order, (iii) Democratic legitimacy: Ensures Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Constitutional principles compliance requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.
The Supreme Court has held that even during a National Emergency under Article 352, the rule of law as part of basic structure cannot be suspended, meaning government actions must comply with legal procedures, judicial review, even during crisis.
- True
- False
Answer: True
Rule of law during Emergency: (a) Basic structure doctrine: Rule of law part of basic structure (Kesavananda Bharati, 1973); cannot be destroyed even by constitutional amendment, (b) Application to Emergency: (i) Even during Emergency, government actions must comply with legal procedures, judicial review, (ii) Emergency powers subject to rule of law: Actions must have legal basis, follow procedures, subject to judicial scrutiny, (iii) Judicial review: Courts can examine whether Emergency actions comply with legal procedures, constitutional limits, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating legal procedures, constitutional limits, (ii) Rights protection: Ensures government accountability, legal compliance, even during crisis, (d) Rationale: (i) Constitutional supremacy: Rule of law preserves constitutional order against arbitrary power, even during crisis, (ii) Rights protection: Legal procedures, judicial review essential for rights protection, even during Emergency, (iii) Democratic legitimacy: Rule of law ensures Emergency powers used for genuine crisis response, not arbitrary power, (e) Illustrates constitutional resilience: Rule of law as basic structure ensures Constitution's core identity preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.
In SR Bommai v. Union of India (1994), the Supreme Court held that Governor should conduct floor test before sending report recommending President's Rule, ensuring democratic verification of loss of majority.
- True
- False
Answer: True
Floor test timing under SR Bommai: (a) Context: Challenge to President's Rule imposition without floor test in multiple States, (b) Supreme Court holding: (i) Governor should conduct floor test before sending report recommending President's Rule, (ii) Floor test ensures democratic verification: Elected representatives, not appointed Governor, decide government fate, (iii) Governor cannot send report based on subjective assessment, media reports, political considerations without floor test, (c) Applications: (i) Post-1994: Courts more willing to strike down Article 356 proclamations without floor test, (ii) Federal balance: Protects State autonomy against arbitrary Centre overreach via gubernatorial discretion, (d) Rationale: (i) Democratic legitimacy: Elected Assembly represents people's will; floor test ensures Ministry reflects Assembly majority, (ii) Constitutional morality: Governor as constitutional functionary, not political agent, (iii) Judicial oversight: Courts ensure Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Floor test before report ensures State governments reflect Assembly majority; judicial review protects State autonomy against arbitrary Centre overreach.