Article 368(4) inserted by the 42nd Amendment of the Constitution, 1976 declared as invalid by the Supreme Court. In which one of the following cases it was held
A. Indira Gandhi v. Raj Narain
B. Keshvananda Bharti v. State of Kerala
C. Minerva Mills v. UOI
D. Golak Nath v. State of Punjab
Answer: Option C
Solution (By Examveda Team)
The correct answer is Option C: Minerva Mills v. UOI.Let's break down why:
Article 368 of the Indian Constitution deals with the power of Parliament to amend the Constitution.
The 42nd Amendment Act of 1976 made significant changes to the Constitution, including adding clauses to Article 368.
Article 368(4), inserted by the 42nd Amendment, essentially tried to limit the power of judicial review over constitutional amendments.
It stated that any amendment made under Article 368 could not be challenged in any court on any ground.
However, the Supreme Court, in the landmark case of Minerva Mills v. Union of India (UOI) in 1980, declared Article 368(4) as unconstitutional and invalid.
The Court held that Article 368(4) violated the basic structure of the Constitution.
The power of judicial review is a fundamental aspect of the basic structure,
and the Parliament cannot take it away through amendments.
Let's look at why the other options are incorrect:
Indira Gandhi v. Raj Narain: This case dealt with election disputes and the 39th Amendment, not Article 368(4) directly.
Kesavananda Bharati v. State of Kerala: This case established the doctrine of basic structure of the Constitution, but it was before the 42nd Amendment.
Golak Nath v. State of Punjab: This case initially restricted Parliament's power to amend fundamental rights but was later overturned by the Kesavananda Bharati case.
Therefore, Minerva Mills v. UOI is the only case where Article 368(4), inserted by the 42nd Amendment, was declared invalid.
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wasn't the same thing held in keshvananda bharti case. what is the difference that makes minerva mills case correct