LAWS(SC)-1980-5-30

MINERVA MILLS LIMITED Vs. UNION OF INDIA

Decided On May 09, 1980
MINERVA MILLS LIMITED,BANGALORE Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In Kisavananda Bharati, this court held by a majority that though by Article 368 Parliament is given the power to amend the Constitution, that power cannot be exercised so as to damage the basic features of the Constitution or so as to destroy its basic structure. The question for consideration in this group of petitions under Article 32 is whether S. 4 and 55 of the Constitution (42nd Amendment) Act, 1976 transgress that limitation on the amending power.

(2.) Petitioner 1 which is a limited company owned a textile undertaking called Minerva Mills situated in the State of Karnataka. This undertaking was nationalised and taken over by the central government under the provisions of the Sick Textile Undertakings (Nationalisation) Act, 1974. Petitioners 2 to 6 are shareholders of Petitioner I, some of whom are also unsecured creditors and some secured creditors.

(3.) Respondent 1 is the Union of India. Respondent 2 is the National Textile Corporation Limited in which the textile undertaking of Minerva Mills comes to be vested under S. 3 (2) of the Nationalisation Act of 1974. Respondent 3 is a subsidiary of respondent 2.