Maneka Gandhi v. Union of India (1978): Procedure Must Be Fair, Just and Reasonable

Facts

Maneka Gandhi's passport was impounded by the Regional Passport Officer under Section 10(3)(c) of the Passports Act, 1967 "in the interests of the general public". She was given no reasons and no hearing. She challenged the order as violating Articles 14, 19 and 21.

Issues

• Does the right to travel abroad fall within "personal liberty" under Article 21?
• Is any procedure prescribed by law enough to deprive a person of liberty, or must it also be fair?
• Do Articles 14, 19 and 21 operate separately or together?

Held

1. "Personal liberty" in Article 21 has the widest amplitude and includes the right to travel abroad.
2. The "procedure established by law" under Article 21 must be fair, just and reasonable, not arbitrary, fanciful or oppressive.
3. Articles 14, 19 and 21 are not mutually exclusive. A law depriving personal liberty must satisfy all three (the "golden triangle").
4. The principles of natural justice, especially audi alteram partem (hear the other side), apply even to administrative orders.

The Court accepted the government's assurance that she would be given a hearing, so it did not strike down the provision itself.

Why it matters

• It effectively overruled the narrow reading in A.K. Gopalan v. State of Madras (1950), which had treated the rights in isolation.
• It opened the door to the expansive reading of Article 21 that now includes rights to livelihood, shelter, clean environment, speedy trial, legal aid and privacy.
• It is the starting point for nearly every Article 21 argument in Indian courts.

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