• CASE- MANEKA GANDHI vs UNION OF INDIA • Equivalent Citations- 1978 AIR 597, 1978 SCR (2) 621

FACTS OF THE CASE-

The factual summary of this case is as follows-

·         Maneka Gandhi was issued  a passport on 1/06/1976 under the Passport Act 1967. The regional passport officer, New Delhi, issued  a letter dated 2/7/1977 addressed to Maneka Gandhi, in which she was asked to surrender her passport under section 10(3)(c) of the Act in public interest, within 7 days from the date of receipt of the letter.

·         Maneka Gandhi immediately wrote a letter to the Regional Passport officer, New Delhi seeking in return a copy of the statement of reasons for such order. However, the government of India, Ministry of External Affairs refused to produce any such reason in the interest of general public.

·         Later, a writ petition was filed by Maneka Gandhi under Article 32 of the Constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the Constitution.

ISSUES OF THE CASE-

The main issues of this case were as follows-

1.    Whether right to go Abroad is a part of right to personal liberty under Article 21.

2. Whether the Passport Act prescribes a ‘procedure’ as required by Article 21 before depriving a person from the right guaranteed under the said article.

3.    Whether section 10(3)(c) of the Passport Act is violative of Article 14, 19(1) (a) and 21 of the constitution.

4.    Whether the impugned order of the Regional passport officer is in contravention of the principle of natural justice.

JUDGEMNT OF TEH CASE- 

·         To the extent to which section 10(3)(c) of the Passport Act, 1967 authorises the passport authority to impound a passport “in the interest of the general public”, it is violative of Article 14 of the Constitution since it confers vague and undefined power on the passport authority.

·         Section 10(3)(c) is void as conferring an arbitrary power since it does not provide for a hearing to the holder of the passport before the passport is impounded.

·         Section 10(3)(c) is violative of Article 21 of the Constitution since it does not prescribe ‘procedure’ within the meaning of that article and the procedure practiced is worst.

·         Section 10(3)(c) is against Articles 19(1)(a) and 19(1)(g) since it permits restrictions to be imposed on the rights guaranteed by these articles even though such restrictions cannot be imposed under articles 19(2) and 19(6).

·         A new doctrine of post decisional theory was evolved.