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LANDMARK CASE

Maneka Gandhi v. Union of India

(1978) 1 SCC 248 · Supreme Court of India · Constitutional law

At a glance

  • Citation: (1978) 1 SCC 248
  • Court: Supreme Court of India
  • Area of law: Constitutional law
  • In one line: The procedure must be fair, just and reasonable. Articles 14, 19 and 21 are connected, and natural justice applies.

1 Facts

The petitioner's passport was impounded 'in the public interest' under the Passports Act without giving her reasons or a hearing.

2 Issue

Does 'procedure established by law' in Article 21 mean any procedure enacted by law, or must it be fair?

3 What the court decided

The procedure must be fair, just and reasonable. Articles 14, 19 and 21 are connected, and natural justice applies.

4 Why it matters

It transformed Article 21 into the source of rights like legal aid, speedy trial, privacy and dignity.

5 Think about it

Compare this case with A.K. Gopalan. What changed in how the Court read fundamental rights?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Constitutional law

  • A.K. Gopalan v. State of Madras AIR 1950 SC 27
  • ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521
  • Air India v. Nergesh Meerza (1981) 4 SCC 335
  • Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
  • Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
  • Anuradha Bhasin v. Union of India (2020) 3 SCC 637

All 366 landmark cases · Today's Case of the Day · Weekly quiz

← Mahender Chawla v. Union of IndiaManohar Lal Sharma v. Principal Secretary (Coal Blocks) →

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