Punjab & Haryana High Court, Chandigarh
CitationAIR 1980 SC 1789, (1980) 3 SCC 625
CourtSupreme Court of India (Constitution Bench)
Date31 July 1980
Year1980
BenchY.V. Chandrachud CJI, P.N. Bhagwati, A.C. Gupta, N.L. Untwalia, P.S. Kailasam JJ.
Acts/ArticlesArticle 31C, Article 368, 42nd Amendment
CategoryConstitutional Law

Key Principle Established

The 42nd Amendment provisions giving Parliament unlimited amending power and excluding judicial review are unconstitutional. Balance between Fundamental Rights and Directive Principles is part of basic structure.

Brief Facts

Minerva Mills challenged the nationalization of their textile undertaking. The broader question was the validity of Sections 4 and 55 of the Constitution (42nd Amendment) Act, 1976 — which expanded Article 31C to give Directive Principles primacy over all Fundamental Rights and removed limits on Parliament’s amending power.

Ratio Decidendi

The Constitution Bench struck down both provisions:

  • Section 4 (expanded Article 31C) is unconstitutional — giving all Directive Principles primacy over Fundamental Rights destroys the constitutional balance that is part of basic structure
  • Section 55 (unlimited amending power) is unconstitutional — if Parliament has unlimited power, the Constitution ceases to be supreme and is reduced to what Parliament wants it to be
  • The harmony between Fundamental Rights and Directive Principles is itself a basic feature of the Constitution

Impact & Significance

Minerva Mills saved Indian democracy from the Emergency-era constitutional amendments. It reinforced and strengthened the Kesavananda basic structure doctrine, established that there are limits to amending power even in a democracy, and preserved judicial review as a basic feature. Justice Chandrachud’s observation — “if the amending power is unlimited, the Constitution is a conceit” — remains one of the most powerful statements in Indian constitutional law.

Tags & Related Topics

Constitutional Law Article 31C Article 368 42nd Amendment
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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