Supreme Court Holds Safe Travel on National Highways a Fundamental Right Under Article 21
Summary
In a suo motu case titled In Re: Phalodi Accident vs.
●NHAI and Others, the Supreme Court held that safe travel on National Highways is an enforceable component of the right to life under Article 21 of the Constitution.
●Acting on two November 2025 accidents that killed 34 people, a bench of Justices J.K. Maheshwari and A.S. Chandurkar invoked Article 142 to issue binding nationwide directives to NHAI, MoRTH, and all State governments.
●The judgment imposes a positive obligation on the State — not merely a negative restraint — to maintain safe highway conditions, marking a significant expansion of Article 21's jurisprudential scope.
Fundamental Rights, DPSP & Duties
This sub-topic has appeared in 14 UPSC Prelims questions.
The Supreme Court, in In Re: Phalodi Accident vs.
●NHAI and Others, held for the first time that safe travel on National Highways is an integral part of the fundamental right to life under Article 21 of the Constitution.
●The case arose suo motu from two highway accidents in November 2025 that killed 34 persons.
●The Court invoked Article 142 — which empowers it to pass any order necessary for complete justice — to issue time-bound, pan-India operational directives binding on NHAI, the Ministry of Road Transport and Highways (MoRTH), and State governments.
●National Highways constitute only 2% of India's total road network but account for 30% of all road fatalities.
●The Court framed commuter safety as a 'positive mandate' on the State — meaning the State must actively create safe conditions, not merely refrain from endangering citizens.
Article 21 has evolved from a 'negative right' (State must not deprive) into a 'positive right' (State must actively secure) through a line of cases: Maneka Gandhi (1978) → Olga Tellis (1986) → Paschim Banga (1996) → Phalodi Accident (2026).
Factual Pointers
Practice · 2 questions
Consider the following statements about the Supreme Court judgment in In Re: Phalodi Accident vs. NHAI and Others (2026):
1. The Court held that safe travel on National Highways is a fundamental right under Article 21 of the Constitution.
2. The Court exercised its power under Article 142 to issue binding nationwide directions to highway authorities.
3. Article 142 is available to both the Supreme Court and High Courts to ensure complete justice.
Which of the statements given above is/are correct?
Consider the following statements about National Highway safety in India:
1. National Highways account for approximately 2% of India's total road network.
2. National Highways account for approximately 30% of India's total road accident fatalities.
3. The 'Rajmargyatra' module was a new scheme launched by the Supreme Court in April 2026.
Which of the statements given above is/are correct?
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