Constitution of India
Department of Industrial Engineering and Management
R.V. College of Engineering, Bangalore – 59
VII Semester
CIP71 – Constitution of India and Professional Ethics
QUESTION BANK
Constitution of India
Important Cases
Case 1 Maneka Gandhi vs. Union of India (1978)
The fact situation in this case was as follows:
Section 10(3)(c) of the Passport Act authorizes the Passport authority to impound a Passport if it deems it necessary to do so in the in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interest of the general public. Maneka’s passport was impounded by the central Government under the Passport Act in the interest of the general public.
Maneka filed a writ petition challenging the order on the ground of violation of her Fundamental Rights under Article 21. One of the major grounds of challenge was that the order impounding the Passport was null and void as it had been made without affording her an opportunity to being heard in her defence.
The court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto.
← The court reiterated the proposition that Article 14, 19 and 21 are not mutually exclusive. A law prescribing a procedure for depriving a person of ‘personal liberty’ has to meet the requirements of Article 19. Also the procedure established by law in Article 21 must answer the requirement of Article 14 as well. ← The expression ‘Personal liberty’ in Article 21 was given an expansive interpretation. The expression ‘Personal liberty’ ought not be read in a narrow and restricted sense so as to exclude those attributes of personal liberty which are specifically dealt with in Article 19. The right to travel abroad falls under Article 21. ← The most significant and creative aspect of Maneka case, is the re-interpretation by the Court of the expression ‘procedure
R.V. College of Engineering, Bangalore – 59
VII Semester
CIP71 – Constitution of India and Professional Ethics
QUESTION BANK
Constitution of India
Important Cases
Case 1 Maneka Gandhi vs. Union of India (1978)
The fact situation in this case was as follows:
Section 10(3)(c) of the Passport Act authorizes the Passport authority to impound a Passport if it deems it necessary to do so in the in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interest of the general public. Maneka’s passport was impounded by the central Government under the Passport Act in the interest of the general public.
Maneka filed a writ petition challenging the order on the ground of violation of her Fundamental Rights under Article 21. One of the major grounds of challenge was that the order impounding the Passport was null and void as it had been made without affording her an opportunity to being heard in her defence.
The court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto.
← The court reiterated the proposition that Article 14, 19 and 21 are not mutually exclusive. A law prescribing a procedure for depriving a person of ‘personal liberty’ has to meet the requirements of Article 19. Also the procedure established by law in Article 21 must answer the requirement of Article 14 as well. ← The expression ‘Personal liberty’ in Article 21 was given an expansive interpretation. The expression ‘Personal liberty’ ought not be read in a narrow and restricted sense so as to exclude those attributes of personal liberty which are specifically dealt with in Article 19. The right to travel abroad falls under Article 21. ← The most significant and creative aspect of Maneka case, is the re-interpretation by the Court of the expression ‘procedure