The passport of ‘A’ was cancelled by a passport officer without assigning any reason for his action under Section 10 of the Passport Act. ‘A’ challenged the action as unconstitutional and a violation of his fundamental right under Article 21. Decide.
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The passport of individual ‘A’ was cancelled by a passport officer without providing any reason for the cancellation, as per Section 10 of the Passport Act.
Issues in the Case:
- Is the cancellation of ‘A’s passport without providing reasons a violation of his fundamental right under Article 21?
- Does the cancellation of the passport without assigning reasons adhere to the principles of natural justice?
Principle:
- The principle of natural justice, specifically the maxim “audi alteram partem” (hear the other side), requires that individuals affected by a decision should be given an opportunity to be heard.
- While the Passport Act may not explicitly require the affected party to be heard, the principles of natural justice should be applied in quasi-judicial matters such as passport cancellations.
Judgement:
- In Menaka Gandhi vs. Union of India, AIR 1978 SC 597, the Supreme Court ruled that withholding reasons for impounding a passport violates both statutory provisions (Passport Act) and the principles of natural justice.
- The power granted under Section 13(3)(c) of the Passport Act to impound a passport is quasi-judicial in nature, thus subject to the principles of natural justice.
- Fairness dictates that individuals affected by such decisions should be given an opportunity to present their case.
- While the Passport Act may not explicitly require this, the principles of natural justice should be read into the Act to ensure fairness and justice.
- Therefore, the procedure established by the Passport Act for impounding a passport, which includes providing reasons for such actions, is in accordance with the requirements of Article 21 and does not violate fundamental rights.
Based on the principles established in Menaka Gandhi vs. Union of India, the cancellation of ‘A’s passport without providing reasons is deemed unconstitutional and a violation of fundamental rights under Article 21. The passport authority should adhere to the principles of natural justice and provide reasons for such actions to ensure fairness and justice.
TheSayeed Answered question March 15, 2024