Maneka Gandhi v. Union of India, AIR 1978 SC 597

The Petitioner was the holder of a passport issued to her under the Passports Act,

1967. Later she received a letter from the Regional Passport Officer, Delhi intimating to her that it has

been decided by the Government of India to impound he r passport under Section 10(3)(c) of the Act in

public interest and requiring her to surrender the passport. The petitioner in reply requested the Officer

to furnish a copy of the statement of reasons for making the said order. To this a reply was sent by  the

Ministry of External Affairs that the Government has decided ‘in the interest of the general public’ not to

furnish her a copy of the statement of reasons. The petitioner thereupon filed the present petition

challenging the action of the Government in  impounding her passport and declining to give reasons for

doing so.

Judgement :-

The Court held that the Right to go abroad was not covered by the rights guaranteed under Article 19(1)

(a), (g). The Court observed that the test to be applied in such cases was the ‘doctrine of direct and

inevitable effect’. Thus what was necessarily to be seen was, ‘ whether the right claimed by the petitioner

is an integral part of a named fundamental right or partakes of the same basic nature and character as the

named fundamental right so that the exercise of such right is in reality and substance nothing but an

instance of the exercise of the named fundamental right’. This being not established in the instant case,

the Court held that the right to go abroad could not in all circumstances be regarded as included in

freedom of speech and expression.