Case Summary: Maneka Gandhi v. Union of India (1978) 01 SC CK 0026
**Case Stats:**
Name of the Court: Supreme Court of India
Case No.: Writ Petition No. 231 of 1977
Date of Decision: 25-01-1978
Bench: Full Bench – M. Hameedullah Beg, C.J.; Y.V. Chandrachud, J.; V.R. Krishna Iyer, J.; S. Murtaza Fazal Ali, J.; P.S. Kailasam, J.; P.N. Bhagwati, J.; N.L. Untwalia, J.
Advocates: Madan Bhatia, D. Goburdhan for Appellant; S.V. Gupte (AG), Soli J. Sorabjee (ASG), R.N. Sachthey, K.N. Bnhatt for Respondents
Final Decision: Disposed Of
Citations: AIR 1978 SC 597; (1978) 1 SCC 248; (1978) 2 SCR 621
[Judgment Source]
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Facts of the Case
Maneka Gandhi’s passport was impounded by the Government of India on July 7, 1977, under Section 10(3)(c) of the Passports Act, 1967, in the 'interest of the general public'. No reasons were provided, citing Section 10(5) of the Act. Gandhi challenged the order, arguing that it violated her fundamental rights under Articles 14, 19, and 21 of the Constitution.
Law Points Raised
1. Whether the right to travel abroad is part of 'personal liberty' under Article 21.
2. Whether 'procedure established by law' in Article 21 must be 'just, fair, and reasonable'.
3. Relationship and overlap between Articles 14, 19, and 21.
4. Scope of judicial review over executive action under the Passports Act.
5. Whether refusal to provide reasons violates principles of natural justice.
Acts / Provisions / Articles Referred
• Constitution of India: Articles 14, 19(1), 19(2), 19(5), 19(6), 20, 21, 22, 31, 32, 246
• Passports Act, 1967: Sections 3, 5, 6, 10(3), 22(a)
• Criminal Procedure Code, 1973: Sections 10, 11
• Subversive Activities Control Act, 1950: Sections 6, 7
• Banking Regulation Act, 1949: Section 34A
Judgements Referred
• Satwant Singh Sawhney v. D. Ramarathnam (1967) 3 SCR 525
• Kharak Singh v. State of U.P. (1964) 1 SCR 332
• A.K. Gopalan v. State of Madras (1950) SCR 88
• R.C. Cooper v. Union of India (1973) 3 SCR 530
• ADM Jabalpur v. S.S. Shukla (1976) Supp SCR 172
Obiter Dicta
Fundamental rights in Part III are not isolated silos but interconnected guarantees. Procedure under Article 21 must pass the test of Articles 14 and 19. Natural law principles, including personal liberty and security, underpin constitutional interpretation.
Ratio Decidendi
The right to travel abroad is part of personal liberty under Article 21. 'Procedure established by law' must be fair, just, and reasonable, not arbitrary. Executive action impounding a passport must satisfy requirements of Articles 14, 19, and 21.
Final Ruling
The order impounding Maneka Gandhi’s passport without furnishing reasons violated her fundamental rights. The government was directed to provide reasons and ensure that any future action complies with constitutional safeguards.
Summary
This landmark judgment expanded the scope of Article 21, holding that the 'procedure established by law' must be fair, just, and reasonable. It emphasized the interrelationship between Articles 14, 19, and 21, thereby strengthening protections for personal liberty against arbitrary executive action.
[Judgment Source]
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