Minerva Mills Ltd. and Others v. Union of India and Others is a landmark decision of the Supreme Court of India that further developed the basic structure doctrine of the Constitution of India first articulated in Kesavananda Bharati v. State of Kerala. The Court held that Parliament's power to amend the Constitution is itself limited by the Constitution, so Parliament cannot use that limited power to grant itself an unlimited one or to strip away individuals' fundamental rights, and it struck down clauses of the Constitution (Forty-Second Amendment) Act of 1976 that had been enacted during the state of emergency imposed by Prime Minister Indira Gandhi.
Facts
Key ProvisionDecided 31 July 1980; applied and extended the basic structure doctrine from Kesavananda Bharati v. State of Kerala to strike down the 42nd Amendment's attempt to remove limits on Parliament's amending power. 1 Cross-Tradition Connections
Influenced By
Minerva Mills applies and extends the basic structure doctrine Kesavananda Bharati established.
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