Right to Travel Abroad

Recently, the Jammu and Kashmir High Court ruled that an applicant’s conduct, not their relatives' background, should determine passport approval.

• The judgment cited Article 21 of the Constitution, which guarantees the right to life and personal liberty.
• About Right to Travel Abroad: Not explicitly mentioned in the Indian Constitution but interpreted as part of Article 21 (Right to Life and Personal Liberty).
• Related Provisions: Article 21 protects life and personal liberty, restricting deprivation only through a legal procedure.

o Article 19(1) (d) guarantees freedom of movement within India, indirectly linked to international travel.

o Article 19(1) (a) ensures freedom of speech & expression, which may include travel abroad for education, culture, or profession.

• Key Cases related to:

o Satwant Singh Sawhney v. D. Ramarathnam (1967): Supreme Court recognized the right to travel abroad as part of Article 21. Government cannot deny or impound passports without legal justification. Court directed the government to restore passports to petitioners.

o Maneka Gandhi v. Union of India (1978): Expanded Article 21, affirming the right to travel abroad as part of personal liberty, held that any restriction must follow a fair, just, and reasonable legal procedure.