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Research Paper Volume 4 Issue 5 91 - 98 September 5, 2021

Minerva Mills Case, 1980

Lead author · Corresponding
Lokavya Choudhary
Student at Lady Shri Ram College for Women, University of Delhi, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.111683
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.

Type
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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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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