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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.