Minerva Mills v Union of India (1980)

Constitutional Law II · Amendment & Basic Structure

Facts.

The 42nd Amendment (1976) had inserted clauses (4) and (5) into Article 368 declaring that there was no limit on Parliament’s amending power and that no amendment could be questioned in any court.

Issue.

Can Parliament, by amendment, give itself unlimited amending power and bar judicial review of amendments?

Held.

No. The Court struck down clauses (4) and (5): a limited amending power is itself a basic feature; judicial review and the harmony/balance between fundamental rights (Part III) and directive principles (Part IV) are part of the basic structure.

Why it matters.

It confirmed and sharpened Kesavananda — Parliament cannot enlarge its own amending power to unlimited, and cannot oust the courts’ review of amendments.

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