Page:Minerva Mills Ltd. and Ors. vs Union of India and Ors.djvu/1

http://JUDIS.NIC.IN 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 :

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