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- This case summary attempts to analyse the judgement of the Supreme Court in the historical decision of Maneka Gandhi v Union of India reported in AIR 1978 SC 597 which expanded the scope of Article 21 of the Constitution and changed the face of Indian polity and law.
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May 3, 2020 · Case title: Maneka Gandhi v Union of India (1978) Court: Supreme Court of India. Bench: M.Hameedullah , Y.V.Chandrachud, P.N. Bhagwati, V.R. Krishna Iyer & N.L. Untwalia, S.M. Fazalal, & P.S. Kailasam. (7 judge bench) Petitioner: Maneka Gandhi. Respondent: Union of India. Citation: 1978 AIR 597, 1978 SCR (2) 621. Facts of the case
Maneka Gandhi v. Union of India, was a landmark decision of the Supreme Court of India in which the Court significantly expanded the interpretation of Article 21 of the Constitution of India.
- Introduction
- Summary of Facts
- Issues Before The Court
- Contentions by Parties on Issues
- Judgment in Maneka Gandhi v. Union of India, 1978
- Understanding Article 21 of The Indian Constitution
- Comparative Analysis of Article 21 : Procedure Established by Law v. Due Process
- The Golden Triangle Concept and Maneka Gandhi v. Union of India, 1978
- Overruling of The A.K. Gopalan Case
- Administrative Law Aspects of The Maneka Gandhi Judgement
Imagine a situation where you have to live without access to clean water, a green environment, nutrition and every other necessity of sustaining life. What a dystopian world that would be! Similarly, when our Constitution deals with the right to life under Article 21, it must encompass the right to live a life with dignity and access to basic suste...
The petitioner (Maneka Gandhi) was a journalist whose passport was issued on June 1, 1976, under the Passports Act, 1967. Later on July 2nd, 1977, the Regional Passport Officer, New Delhi, ordered the petitioner to surrender her passport by a letter posted. On being asked about the reasons for her passport confiscation, the Ministry of External Aff...
Whether the Fundamental Rights are absolute or conditional, and what is the extent of the territorial application of such Fundamental Rights provided to the citizens by the Constitution of India?Whether ‘Right to Travel Abroad’ is protected under the umbrella of Article 21 as a peripheral and concomitant right?.What is the connection between the rights guaranteed under Articles 14, 19 and 21 of the Constitution of India (The Golden Triangle Principle)?What is the scope of the phrase “Procedure established by Law” as mentioned under Article 21?.Petitioner’s Contention
1. The ‘Right to Travel Abroad’ is a derivative of the right provided under ‘personal liberty’, and no citizen can be deprived of this right except according to the procedure prescribed by law. Also, the Passports Act, 1967, does not prescribe any procedure for confiscating, revoking or impounding the passport of its holder. Hence, it is unreasonable and arbitrary. 2. Further, the Central Government acted in violation of Article 21 of the Constitution of India by not giving the petitioner an...
Respondents contentions
1. The Attorney General of India argued that the ‘Right to Travel Abroad’ was never covered under any clauses of Article 19(1) and hence, Article 19 is independent of proving the reasonableness of the actions taken by the Central Government. 2. The Passports Act was not enacted to adversely affect the fundamental rights in any manner. Also, the government should not be compelled to state its grounds for seizing or impounding someone’s passport for the public good and national safety. Therefor...
After thorough analysis of the contentions of both the parties, the court held that: 1. Before the enactment of the Passports Act 1967, there was no law regulating the passport whenever any person wanted to leave his native place and settle abroad. Also, the executives were entirely discretionary while issuing the passports in an unguided and uncha...
The Indian Constitution is considered the focal point of all the laws and is also the supreme law of the land. The Latin maxim“salus populis suprema lex”adequately explains the importance of constitutional ideals and their role in governing the legal regime in India. As a consequence, the fundamental rights prescribed in the Indian constitution is ...
The right to life and liberty as enshrined in the Indian Constitution under Article 21 is an internationally recognised right, and all major jurisdictions like the United States of America, the United Kingdom, Canada, Australia, etc. recognise the right to live a life with dignity in a similar manner. The only difference that arises in terms of com...
The Indian Constitution is considered a living document as it continually evolves and encompasses multiple aspects of human rights and societal rights. It attempts to balance the protections of individual rights with the public interest and state actions to achieve a comprehensive solution. In this attempt, the court recognised the golden triangle ...
In the case of A.K. Gopalan v. State of Madras, the main question pertained to the validity of the Preventive Detention Act, 1951 and whether the process of detaining individuals under the said Act falls under the scope of Article 21. A.K. Gopalan argued for the application of due process of law to analyse whether detentions conducted are fair and ...
The Maneka Gandhi case served as a landmark judgment for administrative law as it touched upon various aspects of the law and explored them through thorough analysis of the facts and the contentions. Few of the concepts of administrative law discussed in Maneka Gandhi are:
Jun 1, 2020 · Summary of Facts. The petitioner (Maneka Gandhi) was a writer whose visa was given on June 1, 1976, under the Passport Act, 1967. Later on July second, 1977, the Regional Passport Officer, New Delhi, had requested the solicitor to give up her identification by a letter posted.
May 10, 2022 · Maneka Gandhi vs. Union of India case gave the landmark judgement which changed the dimension of expression “personal liberty” rooted in Article 21 of the Constitution of India and also increased the scope of it. CITATION: 1978 SCR (2) 621. DATE OF JUDGMENT: 25 th January 1978.
Maneka Gandhi v. Union of India, AIR 1978 SC 597, was a landmark decision of the Supreme Court of India in which the Court significantly expanded the interpretation of Article 21 of the Constitution of India. It overruled A. K. Gopalan v.
This case analysis attempts to analyse the judgement of the Supreme Court in the historical decision of Maneka Gandhi v Union of India reported in AIR 1978 SC 597 which expanded the scope of Article 21 of the Constitution and changed the face of Indian polity and law.
