The judiciary’s role in complete justice
The Supreme Court of India has recently declared the Right to safe travel on National Highways as a fundamental right, integral to the Right to Life under Article 21 of the Constitution. This decision follows a significant loss of life in road accidents and emphasizes the state's constitutional obligation to maintain safe roads. The Court's ruling highlights the judiciary's role in ensuring complete justice, utilizing its inherent powers to address gaps in existing laws.
- ▪The Supreme Court elevated the Right to safe travel on National Highways to a fundamental right.
- ▪In 2025, approximately 26,770 deaths occurred on National Highways in India in the first six months.
- ▪The Court's decision reflects its commitment to delivering complete justice and holding the state accountable for road safety.
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Another milestone in the direction of delivery of complete justice by the Supreme Court of India is its recent decision to elevate the Right to safe travel on National Highways as a fundamental right, declaring it an integral part of the Right to Life under Article 21 of the Constitution. The Court took suo motu cognisance of two road accidents in November 2025, which led to a loss of 34 lives and has issued wide-ranging directives. [In Re: Phalodi Accident vs. National Highways Authority of India and Others (2025)]. The Court has clearly held that safe, well-maintained, and motorable roads are no longer just a policy goal, but a constitutional obligation of the state. It is an alarming fact that while National Highways comprise only 2% of roads, they account for 30% of fatalities.
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