Maneka Gandhi v. Union of India
Rule established
Art.21 requires that procedure established by law be fair, just, and reasonable; not arbitrary, fanciful, or oppressive. Art.14, 19, and 21 are interconnected (the 'golden triangle').
Facts
- Maneka Gandhi's passport was impounded by the Government of India under S.10(3)(c) of the Passports Act, 1967
- No reasons were given for impounding
- No opportunity of hearing was provided before the order
- Maneka challenged the order as violating Art.14 (equality), Art.19(1)(a) and (g) (freedom of speech, trade), and Art.21 (personal liberty)
Issues
- Whether "procedure established by law" under Art.21 must satisfy the requirements of natural justice.
- Whether Art.14, 19, and 21 are mutually exclusive or interconnected.
- Whether the right to travel abroad is part of personal liberty under Art.21.
Held
- "Procedure established by law" does NOT mean any procedure enacted by the legislature. The procedure must be right, just, and fair; not arbitrary, fanciful, or oppressive.
- Art.14, 19, and 21 are not watertight compartments. A law affecting personal liberty (Art.21) must also satisfy Art.14 (non-arbitrariness) and Art.19 (reasonableness of restrictions).
- Right to travel abroad is part of personal liberty under Art.21.
- The Passports Act provision is valid but must be exercised with procedural safeguards (post-decisional hearing at minimum).
Ratio Decidendi
Any procedure that deprives a person of life or personal liberty must pass a triple test: (1) it must be prescribed by law (not executive fiat), (2) it must not be arbitrary or unreasonable (Art.14), and (3) it must not violate any fundamental freedom under Art.19 unless saved by reasonable restrictions. This interconnected reading ensures substantive due process without formally adopting the American doctrine.
How to use it in an exam
- Part A: Constitutional foundation of all procedural safeguards. Every BNSS provision must satisfy Art.21's requirement of fair, just, and reasonable procedure.
- Part B: Questions on bail, rights on arrest, speedy trial, or any challenge to BNSS provisions as arbitrary.
- Key line: "Procedure established by law in Art.21 means right, just and fair procedure; not arbitrary, fanciful or oppressive."
- Overrules: AK Gopalan v State of Madras (1950).
Source
Source: AIR 1978 SC 597
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.