ROUGH DRAFT

SUBJECT- CONSTITUTIONAL LAW

TOPIC- AIRPORT CASE: MANEKA GANDHI v. UNION OF INDIA

SUPERVISOR: CANDIDATE:

PROF. A. SUBRAMANYAM SHIVANGI SHARMA

B.BA. L.L.B. (Hons.)

3rd YEAR (5th SEMESTER)

ROLL NO. 1235

CONTENT

A great transformation in the judicial attitude towards the safeguard of personal liberty has
been noticed after the horrible experiences of the infamous 1975 national emergency. The
judicial pronouncement before the case of Maneka Gandhi Vs Union of India (1978) were not
satisfactory in providing adequate protection to the right to life and personal liberty
guaranteed under Article 21 of the constitution of India . Maneka Gandhi Vs Union of India
(AIR 1978 SC 597) is a landmark judgment and played the most significant role towards the
transformation of the judicial view on Article 21 of the constitution of India so as to imply
many more fundamental rights from Article 21.

The factual summary of Maneka Gandhi 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.

Maneka Gandhi then filed a writ petition 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.

One of the significant interpretation in this case is the discovery of inter connections between
Article 14, 19 and 21. Thus a law which prescribes a procedure for depriving a person of
personal liberty has to fulfill the requirements of Article 14 and 19 also. Moreover the
procedure established by law as required under Article 21 must satisfy the test of
reasonableness in order to conform with Article 14.

The court finally held that the right to travel and go outside the country is included in the
right to personal liberty guaranteed under Article 21. Section 10(3) (c) of the Passport Act is
not violative of Article 21 as it is implied in the provision that the principles of natural justice
would be applicable in the exercise of the power of impounding a passport . The defect of the
order was removed and the order was passed in accordance with procedure established by
law.

The honble Supreme Court in this case laid down a number of other propositions which
made the right to life or personal liberty more meaningful. Maneka Gandhi case has a
great significance in the development of Constitutional law of India.

ISSUES

To analyse and discuss the transformation of judicial attitude towards the safeguard of
personal liberty has been noticed after the horrible experiences of the infamous 1975
national emergency.
To study about the judicial attitude as regards the right to life and personal liberty in
India prior to the airport case.
RESEARCH METHODOLOGY

The researcher has used doctrinal sources which include books, journals, websites, etc.

SCHEME OF PRESENTATION

1. Introduction
Brief facts of the Case
Synopsis

2. Post-Maneka Gandhi: Old Position

3. Judgement of the case
4. Ratio Decidendi of the case
Analysis of the ratio
Prospective effect
5. Obiter Dicta of the case
6. Relevant Case Laws
7. Conclusion

BIBLIOGRAPHY

BOOKS AND JOURNALS:

Constitutional Law of India: J.N. Pandey

Indian Constitutional Law: M.P Jain
Constitutional law of India; 4th Edn : Seervai H.M.

WEBSITES:

http://www.wfp.org/about/consti-information/history
http://www. avert.org/generic.htm
http://www.mfat.govt.nz/indiancasesconsti/index.php