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''Minerva Mills Ltd. and Ors. v. Union Of India and Ors.'' (case citation: AIR 1980 SC 1789) is a landmark decision of the Supreme Court of India〔(【引用サイトリンク】title=Minerva Mills Ltd. and Ors. vs. Union Of India and Ors. )〕 that applied and evolved the basic structure doctrine of the Constitution of India. In the ''Minerva Mills'' case, the Supreme Court provided key clarifications on the interpretation of the basic structure doctrine. The court unanimously ruled that the power of the Parliament of India to amend the constitution is limited by the constitution. Hence the parliament cannot exercise this limited power to grant itself an unlimited power. In addition, a majority of the court also held that the parliament's power to amend is not a power to destroy. Hence the parliament cannot emasculate the fundamental rights of individuals, including the right to liberty and equality.〔(【引用サイトリンク】title=Minerva Mills Ltd. & Ors. vs. Union of India & Ors. )〕 The ruling struck down section 4 and 55 of the Constitution (Forty-Second Amendment) Act. ==Judgement== In its ruling, the Supreme Court declared sections 4 & 55 of the 42nd amendment as unconstitutional.〔 Section 55 of the 42nd Amendment, had added clauses (4) and (5) to Article 368 of the Constitution which read:
The above clauses were unanimously ruled as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in his opinion that since, as had been previously held in Kesavananda Bharati v. State of Kerala, the power of Parliament to amend the constitution was limited, it could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). Section 4 of the 42nd Amendment, had amended Article 31C of the Constitution to accord precedence to the Directive Principles of State Policy articulated in Part IV of the Constitution over the Fundamental Rights of individuals articulated in Part III. By a verdict of 4-1, with Justice Prafullachandra Natwarlal Bhagwati dissenting, the court held section 4 of the 42nd Amendment to be unconstitutional.〔 Chief Justice Chandrachud wrote: 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Minerva Mills v. Union of India」の詳細全文を読む スポンサード リンク
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