Punjab and Haryana High Court Declares Travel Restrictions Unconstitutional, Upholds Right to Personal Liberty and Education
In a significant judgment, the Punjab and Haryana High Court has quashed the Haryana government's blanket prohibition on foreign travel by government employees. The court declared the administrative instructions, which were imposed as an austerity measure, unconstitutional and violative of Articles 14 and 21 of the Indian Constitution. Justice Harpreet Singh Brar observed that the restrictions were arbitrary, disproportionate, and lacked a legislative basis.
The case arose when Sheetal Rani, a Nursing Officer, was denied permission to travel to Australia to attend a professional examination. The government's instructions, dated June 10, 2026, prohibited foreign travel for government employees, citing resource conservation due to the global crisis caused by the Russia-Ukraine conflict and the West Asian crisis.
The court emphasized that the right to travel abroad is an integral part of the right to life and personal liberty under Article 21, as established by the Supreme Court in landmark cases such as Maneka Gandhi v. Union of India and Satwant Singh Sawhney v. D. Ramarathnam. The court also highlighted the importance of the right to education, as it is essential for the dignity and development of an individual.
Justice Brar pointed out that the impugned instructions were purely executive and lacked any legislative backing. They failed to meet the tests of fairness, reasonableness, and non-arbitrariness required under Articles 14 and 21. The court criticized the blanket nature of the prohibition, which did not consider individual circumstances or purposes of travel, thus rendering it manifestly arbitrary.
The court directed the competent authority to grant permission to Sheetal Rani for her travel to Australia, emphasizing that the state must ensure that any restrictions on fundamental rights are proportionate and have a rational nexus with the objective sought to be achieved.
This judgment reaffirms the judiciary's role in safeguarding fundamental rights and underscores the necessity for government actions to be just, fair, and reasonable.
Bottom Line:
Blanket prohibition on foreign travel by government employees, as imposed by administrative instructions, is unconstitutional, arbitrary, and disproportionate. Such a restriction violates the fundamental right to travel abroad, an integral part of the right to life and personal liberty under Article 21 of the Constitution of India.
Statutory provision(s): Articles 14 and 21 of the Constitution of India
Sheetal Rani v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2969648
