Question

In which of the following cases, the Supreme Court of India, observed the doctrine of pre-decision hearing and post-decision hearing?

• A. ADM Jabalpur v. Shivkant Shukla (1976)
• B. I. C. Golaknath v. State of Punjab (1967)
• C. Maneka Gandhi v. Union of India (1978)
• D. Sajjan Singh v. State of Rajasthan (1965)

Hint:

The Maneka Gandhi case is the landmark judgment that infused fairness, reasonableness, and the principles of natural justice (including the right to a hearing) into Article 21.

Answer 1

The Correct Option is C

Step 1: Understand the context of hearing.
The right to a hearing (\textit{Audi Alteram Partem}) is a core principle of natural justice.
It means a person must be given a fair opportunity to present their case before an adverse decision is taken against them.

Step 2: Analyze the significance of the Maneka Gandhi case.
In Maneka Gandhi v.
Union of India, the petitioner's passport was impounded by the government without giving her any prior notice or opportunity to be heard.
The Supreme Court revolutionized the interpretation of Article 21 (Right to Life and Personal Liberty).
It held that any "procedure established by law" must be fair, just, and reasonable, not arbitrary.
The Court ruled that the right to a hearing is an essential part of such a fair procedure.
In this context, it observed that even if a pre-decisional hearing is not possible in urgent cases, a post-decisional hearing (an opportunity to be heard after the decision is taken) must be provided.