Question

What is the leading decision in the case of Menaka Gandhi Vs Union of India?

• A. Right of hearing
• B. Separation of powers
• C. Delegated legislation
• D. Rule of evidence

Hint:

{Maneka Gandhi} transformed Article 21 from a mere protection against executive action to a bastion of substantive rights. Its most significant contribution was reading the principles of natural justice, especially the 'Right of Hearing', into the "procedure established by law."

Answer 1

The Correct Option is A

The case of Maneka Gandhi v. Union of India (1978) is a landmark decision in Indian constitutional law. The petitioner's passport was impounded without giving her a pre-decisional hearing. The Supreme Court gave a new and expansive interpretation to Article 21 (Right to Life and Personal Liberty). The Court held that the "procedure established by law" under Article 21 must not be arbitrary, unfair, or unreasonable. It ruled that the principles of natural justice, which include the right of hearing (Audi Alteram Partem), are an essential part of such a fair procedure. Therefore, the leading decision in the case was the establishment of the right to a fair hearing as an indispensable component of Article 21.