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january 1978

Supreme Court of India · 1978-01-25

MANEKA GANDHI vs UNION OF INDIA

Citation / case number
SC 1977/61835
Court
Supreme Court of India
Petitioner
MANEKA GANDHI
Respondent
UNION OF INDIA
Bench
BEG, M. HAMEEDULLAH (CJ),CHANDRACHUD, Y.V.,BHAGWATI, P.N.,KRISHNAIYER, V.R. & UNTWALIA, N.L.,FAZALALI, S.M. & KAILASAM, P.S.

Judgment text excerpt

The Supreme Court ruled that the right to travel abroad is a fundamental aspect of personal liberty under Article 21 of the Constitution of India. The Court examined the validity of Section 10(3)(c) of the Passports Act, 1967, determining that it is violative of Articles 14 and 19(1)(a) as it grants arbitrary power to impound passports without clear guidelines. The judgment emphasized that principles of natural justice apply to administrative actions affecting citizens' rights, thereby reinforcing the need for procedural fairness in such matters.

MANEKA GANDHI vs UNION OF INDIA · Niyam