Maneka Gandhi v. Union of India Maneka Gandhi
(1978) 1 SCC 248; AIR 1978 SC 597 · Supreme Court of India · 1978
PrincipleProcedure under Article 21 must be fair, just and reasonable; Articles 14, 19 and 21 are read together.
Facts
Maneka Gandhi's passport was impounded 'in the public interest' under section 10(3)(c) of the Passports Act without giving her reasons or a hearing. She challenged the order under Articles 14, 19 and 21.
Held
The court held that the procedure established by law under Article 21 must be right, just and fair, not arbitrary, fanciful or oppressive; that Articles 14, 19 and 21 are not mutually exclusive but form a golden triangle; and that the right to go abroad is part of personal liberty. Natural justice was read into the Passports Act. Gopalan's narrow view was overruled.
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