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Passport as a fundamental right under article 21

  • IASbaba
  • January 6, 2023
  • 0
Governance, Indian Polity & Constitution
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Context: The Jammu & Kashmir and Ladakh High Court slammed the Passport Office, Srinagar, for not considering the application of the mother of PDP chief.

Earlier interpretation of article 21 and Judicial pronouncements:

  • The Supreme Court of India significantly broadened the interpretation of Article 21 of the Indian Constitution in Maneka Gandhi v. Union of India, a historic judgement.
    • It overruled K. Gopalan v. State of Madras, which had implied the exclusiveness of fundamental rights, and established a relationship between Articles 14, 19, and 21 of the Constitution (known as the ‘golden triangle’ or ‘trinity’).
  • It held that  a law depriving a person of ‘personal liberty’ must not violate any of them.
  • The decision also held that a procedure under Article 21 of the Constitution cannot be arbitrary, unfair, oppressive, or unreasonable.
  • Recently the Delhi High Court also observed that every citizen has a fundamental right to go abroad and have a passport issued in his name.
  • In Poulami Basu vs The Government of India:
    • A Single Bench of Karnataka HC has held that, right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution of India.

Source:  Indian Express

Previous Year Questions

Q.1) ‘Right to Privacy’ is protected under which Article of the constitution of India? (2021)

  1. Article 15
  2. Article 19
  3. Article 21
  4. Article 29

Q.2) Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (2019)

  1. Article 19
  2. Article 21
  3. Article 25
  4. Article 29

Q.3) Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)

  1. Article 14 and the provisions under the 42nd Amendment to the Constitution
  2. Article 17 and the Directive Principles of State Policy in Part IV
  3. Article 21 and the freedoms guaranteed in Part. III
  4. Article 24 and the provisions under the 44th Amendment to the Constitution

 

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