Question

In which context the decision in maneka gandhi vs. Union of india is relevant in administrative law?

Answer 1

This Act was enacted on June 24, 1967 in view of the decision of this Court in Satwant Singh Sawhney v. ...... of Mahatma Gandhi and in fact the entire cultural and spiritual history of India formed the background against The Maneka Gandhi judgment was a balanced judgment and is one of the best judgments that Indian Supreme Court has ever given.

Answer 2

Right to liberty is embodied in the constitution under article 21.

• As in the Maneka Gandhi vs Union of India, Supreme court held that the Right to life and Right to liberty can not be deprived by arbitrary actions and legislative action. Three bench judges of Supreme court urged the executives of the country not to infringe the basic rights of an individual. It has also widely extended its own judgement in the Gopalan case.
• Any law made in the country should not infringe the basic structure of the constitution. These basic structures can not be amended by any legislation. Here in the Maneka Gandhi case, her passport was blocked without any proper reason. She filed a writ petition in the Supreme court where it pronounced that even the constitution has no right to take away the fundamental rights of an individual. This was considered to be one of the landmark judgements by the supreme court.

Any administrative actions should pave the way for development. It should not limit the rights of its citizens.