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 Classification
Document TypeCourt Ruling or Judicial Opinion 1 Connections
Influenced By
Minerva Mills applies and extends the basic structure doctrine Kesavananda Bharati established.
Source Minerva Mills v. Union of India (Wikipedia)
Sources
1. Minerva Mills v. Union of India (Wikipedia)
WikipediaLead section, holding
The power of the parliament to amend the constitution is limited by the constitution.
Document type, description
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.
In Group: Constitutional Court Decisions Outside the United States, Lead paragraph
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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