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Maneka Gandhi v. Union of India

Impoundment requires written order + fair hearing. Read the full guide on RTI Wiki — India's independent Right to Information reference.

Maneka Gandhi v. Union of India

Maneka Gandhi v. Union of India (Supreme Court of India, 1978-01-25) AIR 1978 SC 597 is a ruling on the Right to Information Act, 2005 — Section Passports Act §10. Impoundment requires written order + fair hearing. Impoundment of a passport under §10 of the Passports Act 1967 cannot be done arbitrarily.

Holding

Impoundment requires written order + fair hearing.

Ratio

Impoundment of a passport under §10 of the Passports Act 1967 cannot be done arbitrarily. A written order stating the ground and a fair hearing to the passport holder are mandatory under Article 21.

Section(s) applied

  • Section Passports Act §10

Practitioner takeaway

Article 21 + procedural fairness; foundational ruling on impoundment.

Citation

  • Citation: AIR 1978 SC 597
  • Court: Supreme Court of India
  • Date: 1978-01-25
  • Outcome: allowed
  • Reporter / Cause-list: AIR 1978 SC 597