P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI
Maneka Gandhi – Appellant
Versus
Union Of India – Respondent
Certainly. Based on the provided legal document, here are the key points:
The fundamental rights under the Constitution, particularly Articles 19, 21, and 14, are interconnected, and restrictions on one may impact the others. The right to travel and personal liberty are broad concepts that include the freedom to go outside the country and to exercise speech and profession internationally, but these rights are subject to reasonable restrictions established by law (!) (!) .
The constitutional guarantee of personal liberty under Article 21 includes the right to travel abroad, and this right is protected as part of the broader concept of personal liberty. Any deprivation of this right must follow the procedure established by law, which must be fair, just, and reasonable, and must incorporate principles of natural justice such as the right to be heard (!) (!) .
The law relating to passports, including the Passport Act, provides the procedural framework for issuing, refusing, impounding, or revoking passports. The procedure must conform to constitutional requirements, including natural justice, and cannot be arbitrary or unreasonable. The authority must record reasons and, in most cases, furnish those reasons to the passport holder upon request (!) (!) .
The power to impound or revoke a passport under the relevant statutory provisions is quasi-judicial and subject to judicial review. The impounding order must be based on objective reasons, and the holder must be given an opportunity to be heard before a final order is passed, except in exceptional cases where urgency justifies immediate action without prior notice (!) (!) .
The expression "in the interests of the general public" as a ground for impounding a passport is sufficiently guided by its context within the law and the Constitution. It is not vague or indefinite, and the exercise of this power must be exercised reasonably and in good faith, with proper reasons recorded and, where possible, disclosed to the individual affected (!) (!) .
The procedure established by law for impounding a passport must be fair and must include the opportunity for the individual to present his case, especially before any final order. The law does not exclude natural justice; rather, it requires that the authority act fairly, and the courts will scrutinize whether the order is based on relevant and sufficient reasons (!) (!) .
Restrictions on the right to travel, including impounding or refusal of passports, should be proportionate, based on substantial reasons, and not arbitrary or overbroad. Such restrictions are permissible only if they satisfy the constitutional standards of reasonableness, and they must be justified by relevant public interest considerations, such as national security or public order (!) (!) .
The right to freedom of speech and expression, including the right to gather information and communicate ideas, is not confined within territorial limits and extends beyond India. The exercise of this right may be impeded by restrictions on travel, but such restrictions must be consistent with constitutional provisions and should not be arbitrary or unjustified (!) (!) .
The right to travel abroad is a fundamental aspect of personal liberty and is essential for individual development, cultural exchange, and international understanding. It is protected as part of the right to personal liberty, and any restriction must be based on lawful reasons, with procedural safeguards such as the right to be heard (!) (!) .
The law must ensure that restrictions on travel or related rights are not excessive, unreasonable, or based on vague grounds. The authority must exercise its powers responsibly, with proper reasons, and in accordance with constitutional principles. Judicial review is available to ensure that such powers are not misused or exercised arbitrarily (!) (!) (!) .
The concept of natural justice, including the right to be heard, is fundamental and applies to administrative actions affecting rights. Even in cases of urgent or emergency actions, a reasonable opportunity to be heard should be provided as soon as possible, and the absence of such procedural safeguards can invalidate the order (!) (!) .
The interpretation of constitutional provisions must be aligned with the principles of fairness, reasonableness, and the rule of law. Laws affecting personal liberty and fundamental rights should be construed to uphold these principles and avoid arbitrary or capricious exercise of state power (!) (!) .
Restrictions on fundamental rights, including travel and speech, must be justified by clear, relevant reasons and must be proportionate to the aim pursued. The law must be applied in good faith, with transparency and accountability, and courts will examine whether the restrictions meet constitutional standards (!) (!) .
The exercise of legislative or executive powers must respect the constitutional scheme, and any law or order that infringes on fundamental rights without proper justification or procedural fairness is liable to be struck down (!) (!) .
The fundamental rights are interconnected, and restrictions on one right can impact others. The law must be interpreted and applied in a manner that preserves the core values of liberty, equality, and justice, ensuring that individual freedoms are not unduly curtailed (!) (!) .
Please let me know if you need further elaboration or specific advice based on these points.
JUDGMENT
M. H. BEG, C.J.I. :— The case before us involves questions relating to basic human rights. On such questions I believe that multiplicity of views giving the approach of each member of this Court is not a disadvantage if it clarifies our not infrequently differing approaches. It should enable all interested to appreciate better the significance of our Constitution.
2. As I am in general agreement with my learned brethren Bhagwati and Krishna Iyer, I will endeavour to confine my observations to an indication of my own approach on some matters for consideration now before us. This seems to me to be particularly necessary as my learned brother Kailasam, who has also given us the benefit of his separate opinion, has a somewhat different approach. I have had the advantage of going through the opinions of each of my three learned brethren.
3. It seems to me that there can be little doubt that the right to travel and to go outside the country, which orders regulating issue, suspension or impounding, and cancellation of passports directly affect, must be included in rights to "personal liberty" on the strength of decisions of this Court giving a very wide ambit to the right to person
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