Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
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.