TOPIC – Maneka Gandhi v Union Of India

ABSTRACT

The Maneka Gandhi  judgment was a balanced judgment and is one of the best judgments that
Indian Supreme Court has ever given. The judgment’s greatest feature was the interlinking it
established between the provisions of Article 14, 19 & 21. By the virtue of this link the court
made these provisions inseparable and a single entity. Now any procedure to be valid has to meet
all the requirements mentioned under Article 14, 19 & 21. Therefore, it expanded the scope of
personal liberty exponentially and protected the constitutional and fundamental right to life to a
great extent.

The judgment while saved the citizens from unquestionable actions of Executive also saved the
sanctity of Parliamentary law when it did not strike down Section 10(3)(c) & 10(5) of 1967 Act.
The court also reminded the authorities to only rarely use the prerogative of section 10(5) so as
to satisfy that their actions were rational and well thought. The court held that Section 10(3)(c) &
10(5) is an administrative order therefore, open to challenge on the grounds of mala fide,
unreasonable, denial of natural justice and ultra vires.

The judgment’s importance can be seen today also because the way in which the bench
construed Article 21 and expanded its horizons has given way for the resolving of problems left
unsolved by the Parliament. It’s quite evident that this judgment has played an imperative role in
construing Right to clean Air, Right to Clean Water, Right to freedom from Noise Pollution,
Speedy Trial, Standard Education, Fair Trial, Legal Aid, Right to Livelihood, Right to Food,
Right to Medical Care, Right to Clean Environment etc., as a part of Right to Life & Personal
liberty mentioned u/a 21. 

Harshit Malviya

Sec A

2016039