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1980

Minerva Mills v. Union of India

AIR 1980 SC 1789 · 5-judge bench

The Facts

The 42nd Amendment (1976) tried to give constitutional amendments complete immunity from judicial review and gave Directive Principles priority over Fundamental Rights whenever they conflicted. This was challenged.

The Holding

The Court struck down both changes, holding that limited government power itself — including judicial review of amendments — is part of the basic structure, and that the balance between Fundamental Rights and Directive Principles is itself a basic feature that can't be tilted entirely one way.

Confirmed and applied Kesavananda Bharati's basic structure doctrine to actually strike down a specific amendment — proving it wasn't just theoretical, and cementing judicial review as untouchable even by Parliament's amending power.

Cross-References

Related law

Art. 368

The amendment power at issue

Art. 32

Judicial review/the right to approach the Supreme Court directly, protected as part of the basic structure

Maneka Gandhi v. Union of India Justice K.S. Puttaswamy v. Union of India

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1973

Kesavananda Bharati v. State of Kerala

This is arguably the single most important case in Indian constitutional history — the "Basic Structure Doctrine" it created is what stops Parliament from, say, amending away elections or the judiciary itself, even with the numbers to pass a constitutional amendment.

(1973) 4 SCC 225

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