Minerva Mills Ltd. & Ors vs Union Of India & Ors

Minerva Mills Ltd. & Ors vs Union Of India & Ors

Author : Alisha Rahman

Bench: Y.V. Chandrachud, (Cj), P.N. Bhagwati, A.C. Gupta, N.L. Untwalia, P.S. Kailasam

Case brief:

Section 4 & 55 of 42th amendment of constitution damage the basic structure of constitution.

In the  Minerva Mills case, the supreme court provided key classifications on the interpretation of the basic structure Doctrine the court unanimously ruled that the power of the parliament to amend the constitution in limited by the constitution.

For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constitution power of parliament to amend by way of addition, variations or repeal the provision of this constitution under this article.

The above clauses unanimously as ruled unconstitutional.  The majority opinion was delivered by of Chief justice Y.V. Chandrachud on behalf Gupta J., Untawalia J., and kailadam J.,

Chief justice Y.V. Chandrachud in his opinion that since, as had been previously held in (Kesav Nanda Bharti v. State of kerala).

Title & Citation: Minerva Mills Ltd. &Ors vs. Union of India &Ors on 31 July, 1980.

Procedural History: 1. Minerva Mills comes to be vested under section 3 (2) of the Nationalisation Act of 1974.

2. On August 0, 1970 the central government appointed a committee under section 15 of the industries (Development & Regulation) Act, 1951.

Fact:

Minarva Mills was a textile industry in the state of Karnataka Engaged in the mess production of silk clothes and provided market to the general public .the central government was suspicious that company fulfilled the criteria   to be classified As a sick industry.

Issue:

1. Either section 4 & 55 constitution or basic structure is a contradict

2. Does the DPSP overlap the Fundamental right?

 3 .The issues are to Elaborate and academic and it is the perusal of the court not to decide academic questions.  

Rule:

Land Mark decision of the supreme court of India that Applied and evolved the basic structure Doctrine 42th Amendment of the constitution of India.

Analysis:

According Law time journal the affairs of Minerva Mills. Relying on the committee ‘s report  On October, 19 ,1971 the central government Empowered National textile corporation Limited (a body  Under the 1951 act) to take Over the management of Minerva Mills  u/s 18 A of the 1951, Act.

Minerva Mills Ltd. & Ors vs Union Of India & Ors