Maneka Gandhi vs Union of India: A Landmark Case for Personal Liberty.
In 1978, the Indian Supreme Court delivered a landmark judgment in the case of Maneka Gandhi vs Union of India, which expanded the scope of the right to life and liberty under Article 21 of the Indian Constitution.
BACKGROUND :-
Maneka Gandhi, a journalist and politician, was issued a passport in 1976. However, in 1977, the Regional Passport Officer revoked her passport without giving her a chance to be heard. Gandhi challenged this decision in court, arguing that it violated her fundamental rights.
ISSUE:-
The main issue before the Supreme Court was whether the revocation of Gandhi's passport without a hearing violated her right to life and liberty under Article 21.
JUDGEMENT :-
The Supreme Court held that the revocation of Gandhi's passport without a hearing was indeed a violation of her right to life and liberty. The court ruled that:
1. Right to life and liberty includes right to travel abroad:- The court expanded the scope of Article 21 to include the right to travel abroad.
2. Procedure established by law must be fair and just :- The court held that the procedure established by law must be fair, just, and reasonable.
3. Right to be heard is essential :- The court emphasized the importance of giving individuals the right to be heard before taking any adverse action.
IMPACT :-
The Maneka Gandhi case has had significant implications for personal liberty in India. It has:
1. Expanded the scope of Article 21:- The case has expanded the scope of the right to life and liberty to include the right to travel abroad.
2. Established the importance of fair procedure:- The case has emphasized the importance of fair and just procedure in ensuring that individuals' rights are protected.
3. Protected individual rights:- The case has protected individual rights by ensuring that the state cannot take away their rights without following a fair and just procedure.
CONCLUSION :-
The Maneka Gandhi case is a landmark judgment that has expanded the scope of personal liberty in India. It has established the importance of fair procedure and protected individual rights. The case continues to be an important reference point for courts and scholars alike.
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