MANEKA GANDHI V UNION OF INDIA AIR 1978 SC 597

^[1]INTRODUCTION ~

Maneka Gandhi, born 26^th August 1956 is a well known Indian politician , animal rights activist and environmentalist. Apart from being the daughter in law of Indira Gandhi and widow of Indian politician Sanjay Gandhi, she was a member of the lower house (Lok Sabha) and Bhartiya Janata Party. Maneka Gandhi became an inspiration and ennobled Article 21 ~ Protection of life and personal liberty, making it one of the most important article and augmenting fundamental rights to Indian Constitution. Article 21 interprets that No person shall be deprived of his life and personal liberty except by the procedure established by law. The law does not differentiate, thereby applicable to citizens, non-citizens, foreigners, natural and juristic persons. This comprehensive article is particularly composed of two components~

1. Right to life ~ Life refers to dignity, liberty, equality, freedom of conscience and full development of personality which transcends mere animal or mammal existence. Dimensions of Right to life includes, Right to live with Human Dignity (Human dignity subjected to clean environment, social justice, humane working conditions, privacy, health, sanitation, education, legal aid, education, dignity of women and protection from sexual harassment), Right to livelihood, Right to reputation, Right to privacy, Right to clean environment, Right to education( 6-14yrs),   Right against sexual harassment, Right to die with dignity ( Passive Euthanasia) and Right to custodial violence.
2. Right to personal Liberty ~ Liberty refers to freedom, this article highlights freedoms uncovered in Article 19 (Right to freedom), such as ~ Freedom to travel abroad, Freedom from illegal detention, Privacy, Bodily Autonomy, Marital choice and sexual orientations. Dimensions of Right to personal liberty includes, Right against arbitrary arrest and detention, Right to speedy trial, Right to legal aid, Right to travel abroad, Right to Marital choice and Right to sexual orientation.

Although Right to life and personal liberty are highly protected by the Indian Constitution, it is bounded by certain restrictions under article 21 namely~

• The law must be actually present and valid law passed by the legislature and not just amount to an executive order.
• The procedure established by law should be fair, just and reasonable and not arbitrary, discriminatory or unconstitutional in nature.

This case not only laid down the foundation of modern fundamental rights but also expanded the scope of Article 14, 19 and 21.

Anothe important article which concerns the case, popularly known as the heart and soul of the Indian Constitution as said by DR. BR Ambedkar, article 32 refers to Right to constitutional remedies which guarantees remedies when fundamental rights are violated. It emphasizes on Right to directly approach Supreme court. Supreme court’s power to issue writs (Habeas corpus, Mandamus, Certiorari, Prohibition and Quo warranto). Article 32 signifies that it is ultimate protector of Supreme court, instrument of social justice, promotes judicial activism, ensures accountability of legislature and is integral to basic structure of doctrine.

FACTS ~

1. Maneka Gandhi, the daughter in law of former PM Indira Gandhi issued a passport on 1 June 1976 under Passports Act 1967. On 2^nd July 1977, she received a notice from the Regional passport officer mentioning that her passport has been impounded under section 10 (3)( c) on grounds of public interest. Maneka Gandhi was unaware and uninformed about the reasons for impounding her passport.
2. She wrote a letter to the government of India to state the reasons for impounding her passport and got replied with “The reasons cannot be disclosed in public interest”.
3. Therefore due to violation of her fundamental rights she filed a writ petition under Article 32.

ISSUES ~

1. Whether impounding of passport violated article 21 and procedure established by law?
2. Whether procedure established by law should just, fair and reasonable. Non-arbitrary and non- discriminatory in nature?
3. Whether article 14, 19 and 21 are interrelated?
4. Whether Right to travel abroad is part of personal liberty under article 21 of the Indian Constitution?
5. Can the government of India withhold reasons for impounding a passport?

JUDGEMENT ~

The Supreme Court of India held that :-

1. Right to travel abroad is a fundamental right under article 21.
2. Procedure established under article 21 must be non- arbitrary, fair, just and reasonable.
3. Golden triangle rule was established stating that article 14, 19 and 21 are interrelated. The procedure must be fair, reasonable and non-arbitrary.
4. Passport cannot be impounded arbitrarily.
5. Section 10 (3) (c) of Passport Act upheld, but it must be reasonable and non-arbitrary.
6. Government must give reasons for impounding unless the circumstances justify.

CONCLUSION ~

The case of Maneka Gandhi v Union of India 1978, clearly outlines that the procedure established by law should be fair, just and reasonable also it defines that Fundamental rights supersedes all the other legal rights. No authority, no government can take away the fundamental rights of the citizens except in cases of emergency under article 359 of the Indian Constitution. The inauguration of golden triangle was a step towards social justice and democracy leading to ultimate protection of the fundamental rights.

^[1] Maneka Gandhi v Union of India AIR 1978 SC 597 case Report.