Maneka gandhi v.

union of india
• Mrs. Maneka Gandhi‘s passport was
impounded by the Union of India in Public
interest by an order dated July 2, 1977. The
Government of India declined to furnish the
reasons for its decision ―in the interest of the
general public. There upon she filed a writ
petition under Article 32 of the Constitution
before Supreme Court to challenge the orders
of the impounding authority.
• Justice Bhagwati, observed that life and personal liberty have a long term
impact on the life and liberty of any person in India stated:
• Article 21 should not be read in isolation it should be read and interpreted
in connection with article 19 and 14 which establishes Golden Triangle.
• The expression ―Personal liberty in Article 21 is of the widest amplitude
• The procedure (in Article 21) cannot be arbitrary, unfair and unreasonable.
• Article 21 does not exclude Article 19 and that even if there is a law
prescribing a procedure for depriving a person of personal liberty
‘procedure must not abridge any fundamental right.
• If a law depriving a person of ‗personal liberty’ and prescribing a
procedure for that purpose within the meaning of Article 21 has to stand
the test of one or more of the fundamental rights conferred under Article
19 which may be applicable in a given situation, ex hypothesis it must also;
be liable to be tested with reference to Article 14.
 Shayara bano v. Union Of India
• This case populary known as TRIPPLE TALAQ
CASE.
The constitutional validity of certyain practices of
muslim personal law such as tripple talaq,
polygamy, and nikha halala was chalanged
The practice of tripple talaq was held to be
manifeststively arbitrary as the marital tie could
be broken whimsically by a muslim man and it
must be held to be violative of fundamental right
of equality,
 Article 25

• Seclularism in indian constitution entails two

concurrent and seemingly contradicting
objectives
• State neutrality towards religion protecting all
religionsequally as an antidote to communal
divides
• State intervention in religious affairs for the
purpose of uplifting the disadvantaged groups
and accelerating their social intgration