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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.