Maneka Gandhi v Union of India (1978)

Human Rights Law · Impact of UDHR on the Indian Constitution

Facts.

The Government impounded Maneka Gandhi’s passport “in the public interest” without giving reasons or a hearing. She challenged this under Articles 14, 19 and 21.

Issue.

Must a “procedure established by law” under Article 21 be fair and reasonable, and are Articles 14, 19 and 21 to be read together?

Held.

Yes. Any procedure depriving life or personal liberty must be “fair, just and reasonable,” not arbitrary; Articles 14, 19 and 21 form a golden triangle and must be read together.

Why it matters.

The foundation of modern rights jurisprudence in India and the engine of Article 21’s expansion — the authority behind almost every PIL that followed.

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