In Minerva Mills Ltd v Union of India (1980), the Supreme Court considered section 55 of the…
The majority, speaking through Chandrachud CJ, held that "sections 4 and 55 of the Constitution (Forty Second Amendment) Act are void and beyond the amending power",…
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In Minerva Mills Ltd v Union of India (1980), the Supreme Court considered section 55 of the Constitution (Forty-second Amendment) Act, 1976, which inserted clauses (4) and (5) in Article 368 to bar challenges to amendments in any court and to declare that there is no limitation on Parliament's constituent power. What did the majority hold?
Answer and explanation
Correct answer A
The majority, speaking through Chandrachud CJ, held that "sections 4 and 55 of the Constitution (Forty Second Amendment) Act are void and beyond the amending power", reasoning that a limited amending power is one of the basic features of the Constitution. Article 368(5) had tried to declare that there is no limitation whatever on Parliament's constituent power, which is exactly the claim the Court rejected. The official text of the Constitution still prints clauses (4) and (5), with a note that the section was declared invalid in Minerva Mills.
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