Maneka Gandhi v. Union of India

Maneka Gandhi v. Union of India is a landmark case in Indian constitutional law that dealt with the issue of fundamental rights and freedoms guaranteed to citizens under the Indian Constitution. The case arose when Maneka Gandhi, a prominent political figure and activist in India, challenged the validity of certain provisions of the Passports Act, 1967, which she argued were unconstitutional and violated her fundamental rights.

The case was heard by the Supreme Court of India, and the judgment was delivered on 25th June, 1978. The Court held that the provisions of the Passports Act, 1967, which allowed the government to impound or confiscate a person’s passport without any notice or opportunity to be heard, were violative of the fundamental rights guaranteed under Article 14 (equality before the law) and Article 21 (protection of life and personal liberty) of the Indian Constitution.

The Court held that the right to travel abroad was a fundamental right and that any restrictions on this right must be reasonable and justifiable in a democratic society. It further held that the provisions of the Passports Act, 1967, which allowed the government to impound or confiscate a person’s passport without any notice or opportunity to be heard, were violative of the principle of natural justice and were therefore unconstitutional.

The Court also held that the right to travel abroad was an essential aspect of personal liberty and that any restrictions on this right must be in accordance with the procedures established by law. The Court further held that the provisions of the Passports Act, 1967, which allowed the government to impound or confiscate a person’s passport without any notice or opportunity to be heard, were violative of the principle of natural justice and were therefore unconstitutional.

The Court further held that the right to travel abroad was a fundamental right and that any restrictions on this right must be reasonable and justifiable in a democratic society. It further held that the provisions of the Passports Act, 1967, which allowed the government to impound or confiscate a person’s passport without any notice or opportunity to be heard, were violative of the principle of natural justice and were therefore unconstitutional.

The Court also held that the right to travel abroad was an essential aspect of personal liberty and that any restrictions on this right must be in accordance with the procedures established by law. The Court further held that the provisions of the Passports Act, 1967, which allowed the government to impound or confiscate a person’s passport without any notice or opportunity to be heard, were violative of the principle of natural justice and were therefore unconstitutional.

In conclusion, the Maneka Gandhi v. Union of India case is a significant milestone in Indian constitutional law as it reaffirmed the fundamental rights and freedoms guaranteed to citizens under the Indian Constitution. The case established that the right to travel abroad is a fundamental right and that any restrictions on this right must be reasonable and justifiable in a democratic society. It also affirmed the principle of natural justice and held that any restrictions on fundamental rights must be in accordance with the procedures established by law. The case has had a lasting impact on the protection of individual rights and freedoms in India and has set a precedent for future cases involving similar issues.

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