Maneka Gandhi Vs. 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 was issued a passport on the 1st of July 1976 under the erstwhile Passport Act 1967. After three days of this issue, she received a letter dated 2nd of July, 1977, from the Passport Officer regionally in charge in Delhi communicating to her that it was decided by the Union government to impound her passport under Section 10(3) of the Passport Act 1967 “in public interest”. The minister was told to surrender her passport within one week from the receipt of that letter.
• A letter was addressed to the Regional Passport Officer by Maneka Gandhi with a request to furnish a copy of the reasons for sending the order under the act. The reply was sent by the Union Government, by the Ministry of Affairs on the 6th of July 1977 stating the reason for impounding the passport is “in the interest of the general public” and not to provide a copy of the list of reasons for the making of the order. Maneka Gandhi, therefore, filed a writ petition under Article 32 of the Constitution of India stating the seize of her passport as the violation of her fundamental rights; specifically Article 14 (Right to Equality), Article 19 (Right to Freedom of Speech and Expression) and Article 21 (Right to Life and Liberty) guaranteed by the Constitution of India.

Key Facts of the Case

The facts of Maneka Gandhi vs. Union of India and Ors. are summarised as follows:

• Passport Issuance:Mrs Maneka Gandhi was issued a valid passport under the Passport Act, 1967.
• Notice for Surrender:On 2 July 1977, she received a notice from the Regional Passport Officer instructing her to surrender her passport.
• Lack of Reasons:When she enquired about the basis for this action, the Government refused to provide any explanation, stating that it was in the public interest.
• Constitutional Challenge:Mrs Maneka Gandhi filed a writ petition under Article 32, contending that her fundamental rights under Articles 14, 19, and 21 were infringed by the unilateral decision of the Passport Authority.

Issues Raised

The Supreme Court in Maneka Gandhi vs. Union of India and Ors. was required to address several critical legal questions. These issues included:

1. Interconnection of Articles 14, 19, and 21: Whether the provisions under these Articles are interlinked or are mutually exclusive.
2. Testing of the Procedure for Reasonableness: Whether the procedure established by law for impounding a passport, under the Passport Act, 1967, must be tested for its fairness, reasonableness, and adherence to the principles of natural justice.
3. Right to Travel Abroad: Whether the right to travel abroad falls under the ambit of Article 21.
4. Interpretation of “Procedure Established by Law”: What is the proper scope of this phrase in the constitutional context?
5. Legitimacy of Legislative Restrictions: Whether a legislative law that curtails personal liberty—potentially even the right to life—is justifiable if it follows a valid procedure.
6. Compliance with Natural Justice: Whether the impounding order by the Regional Passport Officer infringed the natural justice principles, particularly the right of being heard (audi alteram partem).
7. Validity of Section 10(3) of the Passport Act, 1967: Whether the provisions empowering the authority to impound a passport are constitutionally valid when measured against the fundamental rights of the citizen.

Arguments advanced by petitioner

• The right to go abroad is part of “personal liberty” within the meaning of that expression as used in Article 21 and no one can be deprived of this right except according to the procedure prescribed by law. There is no procedure prescribed by the Passport Act, for impounding or revoking a Passport.  Even if some procedure can be traced in the said Act it is unreasonable and arbitrary in as much as it does not provide for giving an opportunity to the holder of the Passport to be heard against the making of the order.
• Section 10(3) (c) is violative of fundamental rights guaranteed under Articles 14, 19(1) (a) and (g) and 21.
• The impugned order is made in contravention of the rules of natural justice and is, therefore, null and void. The impugned order has effect of placing  an unreasonable restriction on the right of free  speech  and expression guaranteed to the petitioner under Article 19(1) (a) as also on the right to carry on the profession of a  journalist conferred under Article 19 (1) (g).
• The impugned order could not consistently with Articles 19(1)(a) and (g)be passed on a mere information of  the Central Government that the presence of the  petitioner  is likely to  be required in connection with the proceedings before the Commission of Inquiry.
• In order that a passport may be impounded under section 10 (3) (c) of the Passports Act 1967, public interest must actually exist in present and the mere likelihood of public interest arising in future would be no ground for impounding the passport.

Arguments advanced by Respondent

• 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.
• The Passport Law was not made to blow away 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. Therefore, the law should not be struck down even if it overflowed Article 19.
• Further, the petitioner was required to appear before a committee for an inquiry and hence, her passport was impounded.
• Reiterating the principle laid down in A.K Gopalan, the respondent contended that the word law under Article 21 cannot be comprehended in the light fundamental rules of natural justice.
• Article 21 is very wide and it also contains in itself, the provisions of Articles 14 & 19. However, any law can only be termed unconstitutional to Article 21 when it directly infringes Article 14 & 19. Hence, passport law is not unconstitutional.
• Article 21 in its language contains “procedure established by law” & such procedure need not pass the test of reasonability. The constitutional makers while drafting this constitution had debated at length on American “due process of law” & British “procedure established by law”. The conspicuous absence of the due process of law from the Constitutional provisions reflects the mind of the framers of this constitution. The mind and spirit of the framers must be protected and respected.

Judgement

• While delivering the landmark judgment the court altered the face of the Constitution by stating that though the maxim used in Article 21 is “procedure established by law” rather than “due process of law” nevertheless, the procedure mentioned therein must necessarily be free from the vices of irrationality and arbitrariness.
• The court overruled Gopalan by stating that there is a unique relationship between the provisions of Article 14, 19 & 21 and every law must pass the tests of the said provisions. Earlier in Gopalan case, the majority held that these provisions in itself are mutually exclusive. Therefore, to correct its earlier mistake the court held that these provisions are not mutually exclusive and dependent on each other.
• The court held that the scope of “personal liberty” is not be construed in narrow and stricter sense. The court said that personal liberty has to be understood in the broader and liberal sense. Therefore, Article 21 was given an expansive interpretation. The court obligated the future courts to expand the horizons of Article 21 to cover all the Fundamental Rights and avoid construing it in narrower sense.
• The right to travel abroad as held in Satwant Singh is within the scope of guarantees mentioned under Article 21.
• Section 10(3)(c) of Passport Act 1967 is not violative of neither Article 21 nor Article 19(1)(a) or 19 (1)(g). The court further held that the said 1967 provision also not in contradiction of Article 14. Since the said provision provides for an opportunity to be heard. The court rejected the contention of the petitioner that the phrase “in the interests of the general public” is not vague.
• The court held that Section 10(3)(c) & 10(5) is an administrative order, therefore, open to challenge on the grounds of mala fide, unreasonable, denial of natural justice and ultra vires.
• The court also suggested government to ordinarily provide reasons in every case and should rarely use the prerogative of Section 10(5) of the 1967 act.
• The rights discussed under 19(1)(a) & 19(1)(g) is not confined to the territorial limits of India.

Conclusion

In conclusion, Maneka Gandhi vs. Union of India and Ors. stands as a seminal case in Indian constitutional law. The Supreme Court’s decision significantly expanded the ambit of personal liberty under Article 21, integrating it with Articles 14 and 19. The case illustrates that any law or administrative action that curtails personal liberty must be non-arbitrary, fair, and subject to the principles of natural justice. The Court held that even where a statutory provision grants discretionary power to the state, such power must be exercised with judicial oversight to prevent abuse.

The ruling also provides an important reminder that fundamental rights in the Indian Constitution are inter-related. In evaluating administrative actions that affect these rights, courts must ensure that procedures are transparent, reasonable, and provide for adequate opportunity for the affected party to be heard. This case, therefore, has set a precedent that continues to influence the balance between state authority and individual liberty in India.