Maneka Gandhi v. Union of India (1978)

Maneka Gandhi v. Union of India (1978) is a landmark case in Indian legal history that expanded the scope of the fundamental personal liberty rights enshrined in the Indian Constitution. The case is significant as it brought about a meaningful change in the interpretation of the law regarding the right to travel abroad, which was previously considered a privilege granted by the state. 

Background

Maneka Gandhi was issued a passport by the Indian government in 1977. However, the government revoked the passport in 1978, citing reasons for national security and public interest. Gandhi was informed of the revocation through a letter, which did not specify the reasons for the decision. She was also not allowed to be heard before the decision was taken.
Gandhi challenged the revocation of her passport, contending that it violated her fundamental right to personal liberty under Article 21 of the Indian Constitution, which states that "no person shall be deprived of his life or personal liberty except according to procedure established by law." She argued that the revocation was arbitrary and violated the principles of natural justice.

The Case:

The case was heard by a five-judge bench of the Supreme Court of India, comprising Justices A.N. Ray, P.N. Bhagwati, Y.V. Chandrachud, M.H. Beg, and S. Murtaza Fazal Ali. The bench unanimously held that the right to personal liberty under Article 21 of the Constitution is not confined to physical liberty but includes the right to travel abroad.

The court observed that the right to travel abroad is essential to personal liberty, and any restriction on this right must be reasonable, fair, and just. The court also held that the procedure established by law for depriving a person of their liberty must be just, fair, reasonable and not arbitrary, fanciful, or oppressive. 

The court further held that the principles of natural justice, which require that a person be given an opportunity to be heard before any adverse action is taken against them, must be followed while depriving a person of their personal liberty, including the right to travel abroad.

 Significance:

The Maneka Gandhi case is significant in many ways. It expanded the scope of the fundamental right to personal liberty under Article 21 of the Indian Constitution to include the right to travel abroad. It also established that any restriction on this right must be reasonable, fair, and just.

The case also brought about a significant change in the interpretation of the law regarding the right to travel abroad, which was previously considered a privilege granted by the state. The court held that the right to travel abroad is an essential part of personal liberty and cannot be taken away without following the principles of natural justice. 

Furthermore, the Maneka Gandhi case reaffirmed the importance of the principles of natural justice in administrative decision-making. The court held that any decision taken by the state that affects a person's personal liberty must be fair, just, and reasonable and based on valid reasons.

Conclusion:

The Maneka Gandhi case is a landmark judgment that expanded the scope of the fundamental right to personal liberty under Article 21 of the Indian Constitution. The case established that the right to travel abroad is essential to personal liberty and cannot be taken away without following the principles of natural justice. The case also reaffirmed the importance of fair and just decision-making by the state and set a precedent for the protection of individual rights in India.