MANEKA GANDHI versus UNION OF INDIA

Citation: [1978] 2 S.C.R. 621 · Decided: 25-01-1978 · Supreme Court of India · Bench: M. HAMEEDULLAH BEG · Disposal: Disposed off

Cited by 132 judgment(s) · cites 19 · see the full citation network in Lexace

Judgment (excerpt)

·~ 
MANEKA GANDHI 
v. 
UNION OF INDIA 
January 25, 1978 
[M. H. BEG, c. J., Y. v. CHANDRACHUD, P. N. BHAGWATI, 
V. R. KRISHNA IYER, N. L. UNTWALIA, S. MuRTAZA FAZAL Au, 
AND P. S. KAILASAM, JJ.] 
Constitution of India Articles 14, 19 (1) (a) and 21-Personal liberty-
Whether right to go abroad is part of personal liberty-Whether a law which 
tomplies with Article 21 has still to meet the challenge of Article 19.-Nature 
and ambit of Article 14-ludging validity with reference to direct and inevitable 
cOect-Whether the right under Article 19(1) (a) has any geographical limitation. 
Pnssports Act, 1967-Ss. 3,5,6,10(3) (c), 10(5)-Whether 
s,lO (3 )(c)___ is 
violative of Articles 14, 19(1) (a) (b) & 21-Grounds for refusing to gram 
passport-Whether the power to impound passport arbitrary-"in general public 
interest" if vague. 
A 
B 
c 
Principles of Natural Justice-Whether applies only to quasi judicial orders D 
or applies TO administrative orders affecting rights of citizens-When statute 
silent whether can be implied-Duty to act judicially whether can be spell ou~ 
In urgtnt cases whether principles of natural justice can apply. 
The petitioner was issued a passport on Juqe 1, 1976 under the Passport Act, 
1967. 
On the 4th of July 1977, the 
petitioner received a letter dated 2nd 
July, 1977, from the Regional Passport Officer Delhi intimating to her that it was 
decided by the Government of India to impound her passport under s. 10(3)(c) 
E 
of the Act "in public interest". The petitioner was required to sum:nd.:r her pass-
port within 7 days from the receipt of that letter. The petitioner immediately 
addressed a letter to the Regional Pass port Officer requesting him to furnish a 
copy of the statement of reasons for making the order as provided in s.10(5). 
A reply was sent by the Government of India, Ministry of External Affairs on 
6th July 1977 stating i1t1er alia that the Government decided "in the interest of 
the general public" not to furnish her copy of the statement of reasons for the 
making of the order. 
The petitioner thereupon filed the present Writ Petition 
chullenging action of the Government in impounding her passport and declining 
F 
to give reasons for doing so. The Act was enacted on 24-4-67 in view of the 
decision of this Court in Satwant Sint<h Sawflllcy's case. The position 
which 
obtained prior to the coming into force of the Act was that there was no law regu-
lating the issue of passports for leaving th<.: shores of India and going abroad. The 
issue of passrorl was entirely within the unguided and unchannelled discretion 
of the Executive. In Sat want Singh's case, this Court hdd bv a majority that 
the expression 'personal liberty' in Article 21 takes in, the right of locomotion 
and travel abroad and under Art. 21 no nerson can be deprived of his right to 
G 
go abroad except according to the procedure established by law. 
This decision 
was acceoted by the llarliament and the infirmity pointed out by it was set right 
by the enactment of the Passports Act, 1967. The preamble of the Act shows 
that it was enacted to provide for the issue of passport and travel documents 
to regulate the departure from India of citizens of India and other persons and 
for incidental and ancillary matters. 
Section 3 provides that no person shall 
deJ"Iart from or attempt to depart from Tndia unless he holds in this behalf a 
valid passport or travel document. 
Section 5(1) provides for making of an 
aoplicati?n for issue of ~ passport or travel document for visiting foreign country. 
Suh-sectron ( 2) of sectton 5 says that on receipt of such application the Pass-
H 
port Authority. after making such enquiry, if any, as it may consider necessary, 
shall, by order in writing, issue or refme to issue the passport or travel document 
or make or refuse to make that passport or travel document endorsement in 
A 
B 
c 
D 
E 
F 
G 
B 
622 
SUPREME COURT REPORTS 
[1978) 2 S.C.R. 
respect of one or more of the foreign countries specified in the 
application. 
Sub-section (3) requires the Passport Authority where it refuses to issue the pass-
port or travel document or to make any endorsement to record in writing a brief 
statement of its reasons for making such order. Section 6(1) lays down the 
grounds on which the Passport Authority shall refuse to make an endorsement 
for visiting any foreign country and provides that on no other ground the endorse-
ment shall be refused. 
Section 6 (2) specifies the gro

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