Minerva Mills v Union of India
Supreme Court of IndiaAIR 1980 SC 1789Bench: Chandrachud CJ, Bhagwati J, Gupta J, Untwalia J, Kailasam J (5-judge bench)
The 42nd Amendment's provisions (i) giving unlimited primacy to all Directive Principles over Fundamental Rights and (ii) ousting judicial review of constitutional amendments violated the basic structure. Constitution is founded on the balance between Fundamental Rights and Directive Principles — that balance is itself a basic structure element. Judicial review is also basic structure.