Open Access Research Article
Minerva Mills and ors. vs. Union of India and Ors. (1980) (By Pratibha Kumari)
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The Minerva Mills case verdict is
another epic judgment where the nation’s highest court further interpreted the
doctrine of Basic Structure which was laid down in prior case of Keshavananda
Bharati (1973). The bench finally struck down the 42nd Amendment
Act, 1976 (sec. 4 and 55) and restricted the absolute power of Parliament which
was given by the aforesaid mentioned Amendment Act of 1976 and preserved the
Judicial Review of courts. Parliament had been trying hard to prove its
supremacy over other pillars of Constitution since Golaknath case. Basically to
restrict the judgment in Keshavananda Bharti case, Indira Government brought
the 42nd Amendment Act in 1976 to provide Parliament power to amend
the constitution which was outside the purview of Judicial Review and cannot be
challenged even if violating Art. 14 and 19 of COI.
This drastic law was challenged by
Minerva Mills praying to court to declare it as unconstitutional. However, J.
Bhagwati was not in favour of declaring sec. 4 of 42nd Amendment Act
as unconstitutional. The court further elucidated to maintain the harmonious
relation between Part III and IV of Constitution and it is necessary not to
violate the FRs in order to achieve goals given under DPSPs. Anything which
destroys the nexus between FRs and DPSPs will be considered as violation of
Basic Structure of Constitution.
Article Information
Minerva Mills and ors. vs. Union of India and Ors. (1980) (By Pratibha Kumari)
Author Name:
Title:
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- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/02
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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