Maneka gandhi Essay

The main issues before the court in this illustration were as follows -whether responsibility to go abroad is a part of right to psychealized closeness nder Article 21 . Whether the Passport coiffe prescribes a mathematical operation as need by Article 21 before depriving a person from the right guaranteed chthonian the said Article. -Whether section 10(3) (c) of the Passport Act is offending of Article 14, 19(1) (a) and 21 of the constitution. -Whether the impugned order of the regional passport incumbent is in contravention of the principles of intrinsic Justice. The Supreme Court in this representative reiterated the proposition that the fundamental frequency rights under the constitution of India are not inversely exclusive but are interrelated. According to Justice K. lyer, a fundamental right is not an island in itself.The expression personal liberty in Article 21 was interpret broadly to engulf a class of rights within itself. The court further observed that th e fundamental rights should be interpreted in such a manner so as to set forth its reach and ambit rather than to concentrate its remembering and content by Judicial construction. Article 21 provides that no person shall be disadvantaged of his life or personal liberty except in harmony with procedure established by law but that does not mean that a mere semblance of procedure rovided by law go away satisfy the Article , the procedure should be Just , fair and commonsense.The principles of natural Justice are implicit in Article 21 and thus the statutory law must not condemn anyone unheard. A reasonable opportunity of defense or hearing should be given to the person before affecting him, and in the absence of which the law will be an arbitrary one. One of the significant interpretation in this lesson is the denudation of inter connections between Article 14, 19 and 21 . Thus a law which prescribes a procedure for depriving a person of personal as o ul II t t tl the requirem ents otA 14 and 19 also.Moreover the procedure established by law as required under Article 21 must satisfy the test of sagacity in order to conform with Article 14. Justice Krishna lyer in this case observed that, the spirit of man is at the root of Article 21, personal liberty makes for the worth of the human person and travel makes liberty worthwhile. The court finally held that the right to travel and go after-school(prenominal) the country is included in the right to personal liberty guaranteed under Article 21 .Section 10(3) (c) of the Passport Act is not violative of Article 21 as it is implied in the provision that the principles of natural arbitrator would be applicable in the exercise of the power of impounding a passport . The defect of the order was removed and the order was passed in pact with procedure established by law. The honble Supreme Court in this case laid down a number of other propositions which made the right to life or personal liberty more meaningful. Maneka Gandhi case has a great significance in the development of Constitutional law of India.