PETITIONER:
MINERVA MILLS LTD. & ORS.
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT31/07/1980
BENCH:
CHANDRACHUD, Y.V. ((CJ)
BENCH:
CHANDRACHUD, Y.V. ((CJ)
BHAGWATI, P.N.
GUPTA, A.C.
UNTWALIA, N.L.
KAILASAM, P.S.
CITATION:
1980 AIR 1789
1981 SCR (1) 206
1980 SCC (3) 625
CITATOR INFO :
| E&R | 1981 | SC | 271 | (16,36,57,65,67) |
| MV | 1982 | SC | 1325 | (11) |
| R | 1983 | SC | 130 | (34) |
| N O | 1983 | SC | 239 | (9,10,11,13,14) |
| R | 1984 | SC | 326 | (17,18,19,57) |
| F | 1984 | SC | 374 | (3,16,17) |
| RF | 1986 | SC | 1205 | (5) |
| RF | 1986 | SC | 1466 | (13) |
| E&R | 1987 | SC | 386 | (2,12,15,16,17) |
| R | 1989 | SC | 653 | (11) |
| R | 1989 | SC | 1933 | (7) |
| R | 1990 | SC | 123 | (11) |
| RF | 1991 | SC | 101 | (31,68,227,259,272 |
ACT:
Constitution of India Forty Second Amendment Act,
Sections 4 and 55-Whether the Sections are beyond the
amending power of the Parliament under Article 368 of the
Constitution and therefore void-Whether the Directive
Principles of State policy contained in Part IV of the
Constitution can have primacy over the fundamental rights
conferred by Part 111 of the Constitution-Constitution of
India Articles 14, 19, 31C, 38 and 368.
HEADNOTE:
Minerva Mills Ltd. is a limited company dealing in
textiles. On August 20, 1970 the Central Government
appointed a committee under section IS of the Industries
(Development Regulation) Act, 1951 to make a full and
complete investigation of the affairs of the Minerva Mills
Ltd as it was of the opinion that there had been or was
likely to be substantial fall in the volume of production.
The said Committee submitted its report to the Central
Government in January 1971, on the basis of which the
Central Government passed an order dated October 19, 1971
under section 18A of the 1951 Act, authorising the National
Textile Corporation Ltd., to take over the management of the
Mills on the ground that its affairs are being managed in a
manner highly detrimental to public interest. This
