Supreme Court Elevates Right to Safe Travel as Fundamental Right Under Article 21

The Supreme Court of India has declared the right to safe travel on National Highways as a fundamental right under Article 21, emphasizing its significance for the Right to Life. This ruling is crucial for UPSC aspirants, particularly for GS Paper 2, which focuses on governance and constitutional provisions. Last Updated: 27-05-2026

Key Facts About the Supreme Court Ruling on Safe Travel

• The Supreme Court exercised its powers under Article 142 to declare safe travel a fundamental right.
• This decision was influenced by two tragic road accidents in November 2025 that resulted in 34 fatalities.
• The case was titled In Re: Phalodi Accident vs. National Highways Authority of India and Others (2025).
• The ruling mandates that maintaining safe, motorable roads is a constitutional obligation of the state.
• National Highways, despite being only 2% of the road network, account for 30% of road fatalities.
• The court aims to reduce road accidents by 50% by 2030 through the "4Es" framework.

India's Road Safety and Constitutional Mandates

The Supreme Court's decision underscores the macro-level significance of road safety as a constitutional mandate, aligning with India's broader goals of reducing fatalities and improving infrastructure. This aligns with India's strategic objectives to enhance public safety and infrastructure quality, contributing to economic growth and social welfare. The ruling also places India in a proactive position in international road safety standards.

UPSC Relevance

• GS Paper 2: Governance, Constitution, Polity - Role of the Supreme Court, Fundamental Rights.
• Prelims: Questions on Article 21, Article 142, and the 4Es framework.
• Mains: Essays on judicial activism, road safety policies, and the balance of powers.
• Essay Paper: Topics on the judiciary's role in safeguarding fundamental rights.

Frequently Asked Questions (FAQs)

• What is Article 142 of the Constitution? Article 142 empowers the Supreme Court to pass any order necessary for doing “complete justice” in matters before it, even beyond ordinary statutory limitations.
• Why did the Supreme Court link safe travel with Article 21? The Court held that safe, motorable roads are integral to the Right to Life under Article 21, making road safety a constitutional obligation of the State.
• What is the 4Es framework for road safety? The 4Es framework includes Education, Engineering, Enforcement, and Emergency Medical Services to systematically reduce road accidents and fatalities.
• Why is Article 142 criticized? Critics argue that excessive use of Article 142 may lead to judicial overreach and encroachment into the domains of the Legislature and Executive, affecting the separation of powers.
• Can High Courts exercise powers similar to Article 142? No, High Courts exercise powers under Article 226, but these are not as wide or residuary as the Supreme Court’s extraordinary powers under Article 142.