The details of the issue:
In 1977, the passport of Maneka Gandhi , daughter in law of Late PM Indira Gandhi, was impounded by the ruling Government of Janta Party. She filed a petition in the Supreme Court challenging this order.
The Judgement:
The court did not reverse the government order in this case, however, the judgement had far-reaching ramifications. The seven-judge bench said that the citizens have the right to personal liberty (Article 21 of the Constitution), which is an important precedent for fundamental right cases.
The case and the judgement has been cited 215 times by other Supreme Court judges in their judgments.
As per Justice Chandra, “The Maneka Gandhi case epitomized the shift in legal jurisprudence in the late 1970s, with the Supreme Court taking on a more active role and trying to assert its legitimacy after the Emergency.”
The Supreme Court was heavily criticised for failing to defend liberties and constitutional values during the Emergency.
