What was the holding of the Supreme Court in Minerva Mills v. Union of India (1980) regarding Article 368?
Answer and explanation
Correct answer: B. A limited amending power is itself a basic feature; Parliament cannot expand its power to an unlimited power
- Step 1: Analyze the decision in Minerva Mills (1980).
- Step 2: The court struck down clauses (4) and (5) of Article 368 introduced by the 42nd Amendment which purported to exclude judicial review and give unlimited amending power.
- Step 3: Chief Justice Chandrachud observed that a limited amending power is a basic feature, and Parliament cannot by amendment convert a limited power into an unlimited one.
Answer
A limited amending power is itself a basic feature; Parliament cannot expand its power to an unlimited power.
Practise more Constitutional Governance: Emergency Provisions and Amendment Powers.
Free questions with an explanation for every one, and full timed CLAT UG mock tests.
More Constitutional Governance: Emergency Provisions and Amendment Powers questions
- Under Article 352 of the Constitution, on which grounds can a National Emergency be proclaimed by the President after the 44th Constitutiona…
- During the operation of a National Emergency, which Fundamental Rights guaranteed by the Constitution cannot be suspended under any circumst…
- Under the landmark Basic Structure Doctrine (Kesavananda Bharati v. State of Kerala), what is the limitation on Parliament amending power…
- What is the maximum duration for which President Rule under Article 356 can be extended in a state with periodic parliamentary approvals?
- Under Article 360, what is the legal effect of a Financial Emergency proclaimed by the President?
- Which Constitutional Amendment Act reduced the voting age from 21 years to 18 years for Lok Sabha and Legislative Assembly elections?