Minerva Mills Case, 1980

  • Lokavya Choudhary
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  • Lokavya Choudhary

    Student at Lady Shri Ram College for Women, University of Delhi, India

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Abstract

The Minerva Mills Vs The Union of India is one of the most remarkable judgements in the Indian History which helped to safeguard one of the powers of the Judiciary that is the power of the Judicial Review which refers to the power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void, if it finds them in conflict the Constitution of India.Along with this the court also struck a balance between the Directive Principles of State Policy and the Fundamental Rights and upheld the Basic Structure Doctrine established in the Kesvananda Bharti Case . The judgment of the case was divided into 4:1. The majority struck down Section 55 & 4 of the 42nd Amendment as it was in violation of basic structure .The court held that the newly introduced Clause 4 & 5 were actually inserted to bar the courts to entertain any challenge on the question of validity of the constitutional amendments. This case holds importance even today as because the Judiciary keeps a check on the laws that are passed by the legislature specially in an assertive and active government like that of the present . Moreover the Constitution of India is the supreme law of the land and the Supreme Court has the responsibility of interpreting and protecting it . Thus the research work in its broadest terms acompasses the importance and role of the case in making the Judiciary more powerful.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 91 - 98

DOI: https://doij.org/10.10000/IJLMH.111683

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