June 22, 2020

Case Summary : Menka Gandhi vs Union of India

By E-Justice India Case Summary 0 Comments

CITATION- AIR 1978 SC 597

BENCH- M.H. BEG (CJI), Y.V. CHANDRACHUD, V.R. KRISHNA IYER, P.N. BHAGWATI, N.L. UNTWALIA, S. MURTAZA FAZAL ALI & P.S. KAILASAM JJS.

FACTS-

Maneka Gandhi was a journalist. Her passport was confiscated by Regional Passport Officer, New Delhi on 2^nd July 1977.
Ministry of External Affairs declined to provide any reason for her passport confiscation “in interest of the general public.”
Petitioner filed a writ petition U/A 32 of the Constitution stating the act violated her Fundamental Rights U/A 14 (Right to Equality), U/A 19 (Freedom of Speech and expression), & U/A 21 (Right to Life & Personal Liberty ).
She contended that it violated the Principles of Natural Justice i.e; Audi Alteram Partem.
Petitioner was required to appear before a committee for an inquiry.

ISSUES INVOLVED-

Whether right to travel abroad is protected under and part of Article 21.
Whether fundamental rights are absolute or conditional.
Whether provisions under Section 10(3)(c) of Passport Act,1967 is in violation of Fundamental Rights.
Determining the scope of ‘procedure established by law’

JUGDEMENT-

The judgment of the case had powerful impact on Indian law. The court held that the confiscation of petitioner’s passport violated A.14 & A 21. The whole act was held to be arbitrary. There was infringement of principles of natural justice of petitioner.
Court overruled A.K. Gopalan’s case and declared that there exists peculiar relationships between provisions of “Golden Triangle of Constitution.”
It was held that the phrase used in A.21 is “procedure established by law” instead of “due process of law”. It has to be fair, just and reasonable.
It was held Section 10(3)(c) of Passport Act, 1967 didn’t violated any fundamental rights.
SC held that right to go abroad is a part of right to personal liberty under Article 21. It was held that it wasn’t covered in Article 19.

CASE PRECEDENTS-