Maneka gandhi case reported in AIR 1978 SC 597,arising under the passport act, is considered as one of the land mark judgement to constitutional courts' armoury tools for the judicial review of administrative and legislative action in india under the indian constitution for preservation of rule of law and protection of fundamental rights of citizens and other persons.
The following paras of the judgment from opinion of justice bhagwati speaking for the majority opinion is but one aspect of the several statements of law and its application to facts of the case:
"It is clear therefore that when section 3 confers power to provide for regulation or prohibition of the production, supply and distribution of any essential commodity it gives such power to make any regulation or prohibition in so far as such regulation and prohibition do not violate any fundamental rights granted by the Constitution of India." It would thus be clear that though the impugned Order may be within the terms of section 10(3) (c), ...
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