MINERVA MILLS LTD. & ORS versus UNION OF INDIA & ORS.

MINERVA MILLS LTD. & ORS versus UNION OF INDIA & ORS.

Sections 4 and 55 of the Forty Second Amendment Act, 1976 are void as they are beyond the amending power of Parliament under Article 368 and violate the basic structure by abrogating limitations on Parliament’s powers and judicial review; articles 14 and 19 are essential features of the basic structure and cannot be abrogated to give primacy to Directive Principles.

Parties
Petitioner: Minerva Mills Ltd. & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
31 July 1980
Procedural Posture
Constitutional Challenge / Final Judgment
Outcome
Sections 4 and 55 of the Forty Second Amendment Act, 1976 declared unconstitutional and void.
Legal Topics
Amendment of Constitution, Basic Structure Doctrine, Relationship Between Fundamental Rights and Directive Principles
Constitutional Law Amendment of Constitution Basic Structure Doctrine Relationship Between Fundamental Rights and Directive Principles

Case Brief

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Parties

Minerva Mills Ltd. & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Constitutional Challenge / Final Judgment

Legal Issues

  1. 1 Whether Sections 4 and 55 of the Constitution (Forty Second Amendment) Act, 1976, are beyond the amending power of Parliament under Article 368 and therefore void
  2. 2 Whether Directive Principles (Part IV) can have primacy over Fundamental Rights (Part III)
  3. 3 Whether Articles 14 and 19 form part of the basic structure of the Constitution

Ratio Decidendi

Sections 4 and 55 of the Forty Second Amendment Act, 1976 are void as they are beyond the amending power of Parliament under Article 368 and violate the basic structure by abrogating limitations on Parliament’s powers and judicial review; articles 14 and 19 are essential features of the basic structure and cannot be abrogated to give primacy to Directive Principles.

Court Disposition

Sections 4 and 55 of the Forty Second Amendment Act, 1976 declared unconstitutional and void.

Orders

  • Section 55 (introducing sub-sections (4) and (5) in Article 368) declared unconstitutional and void.
  • Section 4 (amended Article 31C) struck down insofar as it damages or destroys basic structure.