Indian Polity · Polity
The Passport Office impounded Mr. Z's passport 'in public interest' without providing any opportunity of hearing. In the context of established constitutional jurisprudence (e.g., Maneka Gandhi case), which statement is correct?
- 1Mr. Z can challenge the order because the right to go abroad is part of personal liberty under Article 21, and the procedure must be just, fair, and reasonable.✓
- 2Mr. Z can challenge the order because the right to travel abroad is part of the right to reside and settle in any part of India.
- 3Mr. Z cannot challenge the order as 'public interest' gives absolute immune powers to the state executive.
- 4Mr. Z can challenge the order solely on the grounds of domestic free movement under Article 19(1)(d).
Correct answer
Mr. Z can challenge the order because the right to go abroad is part of personal liberty under Article 21, and the procedure must be just, fair, and reasonable.
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