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The Supreme Court has held that even during a National Emergency under Article 352, Constitutional morality must guide government actions, meaning Emergency powers must be exercised in accordance with constitutional values, not political considerations.
- True
- False
Answer: True
Constitutional morality during Emergency: (a) Constitutional principle: Constitutional morality (values of Constitution: democracy, secularism, federalism, rule of law, dignity) must guide all government actions, including during Emergency, (b) Application to Emergency: (i) Even during Emergency, government actions must comply with Constitutional morality, not political considerations, (ii) Emergency powers subject to Constitutional morality: Actions must respect democratic values, federal balance, rights protection, (iii) Judicial review: Courts can examine whether Emergency actions comply with Constitutional morality, not just procedural compliance, (c) Applications: (i) Post-1978: Courts more willing to strike down Emergency actions violating Constitutional morality, (ii) Rights protection: Ensures Emergency powers used for genuine crisis response, not political suppression, (d) Rationale: (i) Constitutional supremacy: Constitutional morality preserves constitutional identity against arbitrary power, even during crisis, (ii) Rights protection: Constitutional morality 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 morality ensures Constitution's core values preserved even during crisis; balance between crisis response capacity and preservation of constitutional democracy.