Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980
Dhillon, [1972] 2 SCR
33 referred to.
(c) Whenever the doctrine of basic structure has been
expounded or applied it is only as a doctrine ... Constitution differed. This is the correct interpretation
of the doctrine of the basic structure of the Constitution.
It should only be applied
paralysation of parliamentary function. Nor can the
constitutional fascination for the basic structure doctrine
be made a Trojan horse to penetrate the entire legislative
camp ... order and to overpower the
battle for abolition of basic poverty by the basic structure
'misslle.
[889 E-H; 890A]
6.2 Right to property
paralysation of parliamentary function. Nor can the constitutional fascination for the basic structure doctrine be made a Trojan horse to penetrate the entire legislative camp ... order and to overpower the battle for abolition of basic poverty by the 'basic structure' missile. Which is more basic? Eradication
affects the basic structure of institutional pattern adopted by
the Constitution. The basic feature of separation of powers with the role
of independence of Judiciary ... contends that judicial review is an essential feature of
basic structure because of the doctrine of separation of powers for these
reasons : Judicial review
Constitution (First Amendment) Act, 1951 does not damage or
destroy the basic structure of the Constitution. That
Amendment must, therefore, be upheld ... Parliament
since they damage the basic or essential features of the
Constitution or its basic structure in view of the Judg-
6
ment in Kesavananda
alleged invalidity, he
maintained that it constituted an invasion of the basic
structure of the Constitution, and contended that this Court
had invalidated a similar ... only a legislative power lodged in
Parliament. The basic structure of the Constitution,
resting on the doctrine of a Separation of Powers, seemed to
have
Constitution (First Amendment) Act, 1951 does not damage or destroy the basic structure of the Constitution. That Amendment must, therefore, be upheld ... whether the doctrine of stare decisis can save Article 31A , if it is otherwise violative of the basic structure of the Constitution. In Shankari Prasad
Minerva Mills Ltd. And Ors. vs Union Of India (Uoi) And Ors. on 9 May
State Of Rajasthan & Ors. Etc. Etc vs Union Of India Etc. Etc on 6