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Minerva mills : Embargo on Basic Structure Strengthened

By Smarika Singh

Published In

Air 2005

Introduction Lord Reid said in Ridge v. Baldwin, 1964 AC 40, that it would be wrong to hold what was not susceptible to exact definition or what could not be cut and dried or nicely weighed or measured was imperceptible and did not exist. The Basic Structure doctrine as embodied in the Golaknath, AIR 1967 SC 1643 and Keshvananda, AIR 1973 SC 1461 cases, and further strengthened in the Minerva Mills, AIR 1980 SC 1789, has stood the test of time, ever since it was expounded. It has to be noted that all the democratic constitutions allow changes in them for the people or their representatives to fulfill people’s demands on the political system.1 Therefore, the method of adopting a formal procedure of amendment is the only proper way of altering the fundamental laws of the land, by the authority, which is superior to every other.2 But, it is also an acceptable proposition, that a ....

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