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CASE COMMENTARY ON MANEKA GANDHI v. UNION OF INDIA

Bhaskar Pandey

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IJLRR.com

FACTS OF THE CASE

In 1977 a passport was seized by the Ministry of External Affairs, Government of India under section 10A(d) Passports Act,” She was not furnished with a reason by the government for impounding her passport, thus preventing her to travel out of the country.

Maneka Gandhi, a former journalist and the daughter-in-law of ex-Prime Minister Indira Gandhi challenged this action as being against her fundamental rights such as the right to move freely.

Issues of the Case:

1. The most important issue in this case was whether the government's action of impounding Maneka Gandhi’s passport without allowing her to be heard infringed on these fundamental rights contained under Article 21 of the Indian Constitution. Article 21 ensures the right to life and personal liberty of a person no citizen could be sentenced to death or interfered with his liberties except through procedure laid down by law.

2. The case also raised the issue of how far a judicial review can go and whether there was going to be such scrutiny on what the government can do. 

Keywords

Maneka Gandhi Case

Fundamental Rights 

Article 21 

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