Reviewed case brief

Minerva Mills Ltd. and Ors. v Union of India and Ors.

AIR 1980 SC 1789

AIR 1980 SC 1789 · Supreme Court of India

basic-structurearticle-368judicial-review42nd-amendmentharmony-fr-dpsp
Court
Supreme Court of India
Year
1980
Subjects
Constitutional Law I
Reviewed
2026-08-02

Rule established

Clauses 4 and 5 of Article 368, inserted by the 42nd Amendment (which sought to place constitutional amendments beyond judicial review and grant Parliament unlimited amending power), were struck down as violative of the basic structure doctrine; limited amending power itself is a basic feature of the Constitution.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1980 SC 1789; landmark decision refining the basic structure doctrine post-Kesavananda

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.