Minerva Mills v Union of India was a 1980 decision of the Supreme Court of India striking down provisions of the Forty Second Amendment that had sought to place constitutional amendments beyond the reach of judicial review and to give the Constitution's non enforceable Directive Principles priority over its enforceable Fundamental Rights. The Court reaffirmed and applied the basic structure doctrine first announced in Kesavananda Bharati v State of Kerala, holding that Parliament's limited amending power, and the balance the Constitution strikes between fundamental rights and directive principles, are themselves part of the Constitution's basic structure and cannot be abolished by amendment.
Facts
Decision Year Decision Date HoldingThe Court struck down clause 4 and clause 5 of the Forty Second Amendment, holding that Parliament's amending power under Article 368 is limited and that clause 5, which purported to place constitutional amendments beyond judicial review, transgresses that limitation and is unconstitutional. 2 Current StatusLandmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India. 2 Case Status
Case Status (category) FAQs
What did Minerva Mills strike down?
Clauses 4 and 5 of the Forty Second Amendment.
In 1980 the Supreme Court of India struck down clause 4 and clause 5 of the Forty Second Amendment. Clause 5 purported to place constitutional amendments beyond judicial review, and the Court held that it transgressed the limits on Parliament's amending power under Article 368.
How does Minerva Mills relate to Kesavananda Bharati?
It reaffirmed and applied the basic structure doctrine.
The Court reaffirmed and applied the basic structure doctrine first announced in Kesavananda Bharati v State of Kerala. It held that Parliament's limited amending power, and the balance between fundamental rights and directive principles, are part of the basic structure and cannot be abolished by amendment.
Connections
Associated With
Minerva Mills reaffirmed and applied the Basic Structure Doctrine to strike down clauses of the 42nd Constitutional Amendment.
Authored By
Source Minerva Mills v. Union of India (Wikipedia)
Decided By
Decided by the Supreme Court of India, 1980.
In Legal System
A ruling of the Indian Supreme Court under the Indian Constitution.
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Sources
1. Wikidata: Minerva Mills v Union of India
Source: applied and evolved the basic structure doctrine, still the leading authorityView the Source 2. Minerva Mills v. Union of India (Wikipedia)
Wikimedia FoundationCase infobox, Decided field (year)
Decided: 31 July 1980
Case infobox, Decided field (full date)
Decided: 31 July 1980
Judgment summary section, holding on Article 368 clause 5
Clause 5 of Article 368 transgresses the limitation on the amending power of Parliament and is hence unconstitutional.
Lead section, first sentence
is a landmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India
Authored By: Y. V. Chandrachud, Article text
Chief Justice Y. V. Chandrachud explained in his opinion
In Group: Judicial Review and Basic Structure Cases, Introduction, sentences 1-3
Minerva Mills Ltd. and Ors. v. Union Of India and Ors. (case number: Writ Petition (Civil) 356 of 1977; case citation: AIR 1980 SC 1789) is a landmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India.
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