Advocate in India
The case of Maneka Gandhi v. Union of India (1978) marks a significant turning point in the development of Indian constitutional law, especially concerning the interpretation of Article 21 of the Constitution, which safeguards the right to life and personal liberty. This landmark ruling by the Supreme Court greatly broadened and expanded the definition of fundamental rights and changed the dynamics between individual rights and the powers of the state. The dispute originated when Maneka Gandhi, a prominent journalist and political activist, contested the cancellation of her passport by the Indian government, which barred her from traveling overseas. The key legal questions revolved around on the procedural fairness of the government's actions and their effect on Gandhi’s personal liberty and right to freedom of movement under Articles 19 and 21 of the Indian Constitution. In the landmark ruling, the Supreme Court expanded the interpretation of Article 21 to encompass not only the safeguarding of life and liberty in a procedural context but also a substantive guarantee of fairness, reasonableness, and justice. The ruling established the principle that any procedure that results in the deprivation of a person's liberty must be just, fair, and reasonable, moving away from a strictly procedural perspective. Additionally, the Court highlighted those laws impacting fundamental rights, such as the freedom of movement, must not be arbitrary or unreasonable. The case also reaffirmed the importance of judicial review in evaluating state actions that violate individual liberties. This paper offers an in-depth examination of the Maneka Gandhi v. Union of India case, concentrating on the legal issues, the reasoning of the Supreme Court, and its wider implications for safeguarding fundamental rights in India, the hypothesis and assumptions for the impact of if Maneka Gandhi situation did not take place is also given under the paper. The ruling not only broadened the interpretation of Article 21 but also set the stage for future advancements in constitutional law, especially concerning procedural fairness, preventive detention, and the safeguarding of individual freedoms against arbitrary actions by the state. The Court highlighted the significance of a flexible and inclusive reading of constitutional rights, thereby ensuring enhanced protection of civil liberties in India.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 161 - 170
DOI: https://doij.org/10.10000/IJLMH.119669This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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