maneka gandhi
A great transformation in the judicial attitude towards the safeguard of personal liberty has been noticed after the horrible experiences of the infamous 1975 national emergency. The judicial pronouncement before the case of Maneka Gandhi Vs Union of India (1978) were not satisfactory in providing adequate protection to the ‘right to life and personal liberty’ guaranteed under Article 21 of the constitution of India . Maneka Gandhi Vs Union of India (AIR 1978 SC 597) is a landmark judgment and played the most significant role towards the transformation of the judicial view on Article 21 of the constitution of India so as to imply many more fundamental rights from Article 21. The factual summary of Maneka Gandhi case is as follows;
Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional passport officer , New Delhi issued a letter dated 2/7/1977 addressed to Maneka Gandhi , in which she was asked to surrender her passport under section 10(3)(c ) of the Act in public interest, within 7 days from the date of receipt of the letter. Maneka Gandhi immediately wrote a letter to the Regional passport officer New Delhi seeking in return a copy of the statement of reasons for such order. However the government of India, Ministry of External Affairs refused to produce any such reason in the interest of general public.
Maneka Gandhi then filed a writ petition under Article 32 of the constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the constitution. The main issues before the court in this case were as follows;
–whether right to go abroad is a part of right to personal liberty under Article 21.
–Whether the Passport Act prescribes a ‘procedure’ as required by Article 21 before depriving a person from the right guaranteed under the said Article.
–Whether section 10(3) (c) of the Passport Act is violative of Article 14, 19(1) (a) and
Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional passport officer , New Delhi issued a letter dated 2/7/1977 addressed to Maneka Gandhi , in which she was asked to surrender her passport under section 10(3)(c ) of the Act in public interest, within 7 days from the date of receipt of the letter. Maneka Gandhi immediately wrote a letter to the Regional passport officer New Delhi seeking in return a copy of the statement of reasons for such order. However the government of India, Ministry of External Affairs refused to produce any such reason in the interest of general public.
Maneka Gandhi then filed a writ petition under Article 32 of the constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the constitution. The main issues before the court in this case were as follows;
–whether right to go abroad is a part of right to personal liberty under Article 21.
–Whether the Passport Act prescribes a ‘procedure’ as required by Article 21 before depriving a person from the right guaranteed under the said Article.
–Whether section 10(3) (c) of the Passport Act is violative of Article 14, 19(1) (a) and