Supreme Court On Road Safety As A Fundamental Right Under Article 21
While keeping in view the huge surge in number of accidents on roads over the years, the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled In Re: Phalodi Accident vs National Highways Authority of India and Others in Suo Moto Writ Petition (Civil) No. 9 of 2025 W.P.(C) No. 1100 of 2025, cited in Neutral Citation No. 2026 INSC 388 that was pronounced as recently as April 13, 2026, has minced absolutely just no words to hold in no uncertain terms that the right to safe passage on roads is an integral part of the right to life under Article 21 of the Constitution.
This was held so by the top court while issuing a series of nationwide commendable directions to strengthen highway safety, which is undoubtedly a right step in the right direction. It must be noted that a bench of the Apex Court comprising the Hon’ble Mr Justice JK Maheshwari and the Hon'ble Mr Justice AS Chandurkar underlined that preventable highway deaths reflect a failure of the state's obligation to protect life.
Right To Life And Road Safety Interpretation
It was underscored by the top court that the right to life is not merely a protection against unlawful death but includes the state's duty to ensure safe conditions for road users.
Key Highlights Of The Judgment
- Right to safe passage on roads recognized as part of Article 21.
- State has a duty to ensure safe road conditions.
- Preventable accidents seen as a failure of governance.
- Nationwide directions issued to improve highway safety.
Background Of The Phalodi Accident Case
At the very outset, this brief, brilliant, bold and balanced judgement authored by the bench of the apex court comprising the Hon’ble Mr Justice JK Maheshwari and the Hon'ble Mr Justice AS Chandurkar sets the ball in motion by first and foremost putting forth in para 1 that, “Following the tragic loss of 34 lives in successive road accidents on November 2nd and 3rd, 2025, in district Phalodi (reported in article namely '12 pyres lit together in Jodhpur accident: After 15 deaths on Bharatmala Motorway, authorities launch crackdown, removing illegal roadside dhabas' published on website of Bhaskar English), Rajasthan, and district Rangareddy (reported in article '19 dead as gravel truck ploughs into govt. bus near Hyderabad' published in 'The Hindu' on 4th November, 2025), Telangana, this Court vide order dated 10.11.2025 Phalodi Accident, In re, 2025 SCC OnLine SC 2428 took suo-motu cognisance of the systemic negligence and catastrophic infrastructure failures that led to these evitable casualties.
Court Observations On Systemic Failures
Recognising such lapses as a grave infringement on the right to safe passage and a dereliction of statutory duty by authorities, who addressed illegal encroachments in the aftermath of the tragedies that occurred, the Court issued notice to state and national authorities, demanding a comprehensive report on these egregious administrative failures and the resulting threat to public safety.
Appointment Of Amicus Curiae
- Mr A.N.S. Nadkarni, Senior Advocate, appointed as Amicus Curiae.
- Assisted by Mr Jai Anant Dehardrai, Advocate-on-Record.
- Also assisted by Mr Sughosh Subramanyam, Advocate.
Cornerstone Of The Judgment
Most significantly, the Bench encapsulates in para 4 what constitutes the cornerstone of this notable judgment postulating precisely that, “At the request of the Court, the learned Solicitor General and the learned Amicus Curiae have today jointly tendered suggestions indicating the nature of interim directions that could be considered for being issued during pendency of the present proceedings.
We have considered the said suggestions and recommendations as jointly made by the learned Amicus Curiae and the learned Solicitor General. We find the same to be practical in nature and necessary to be issued. Accordingly, the following interim directions are issued:
Interim Directions Issued
- Prohibition On Authorized Parking – No heavy or commercial vehicle shall park/stop on any National Highway carriageway or paved shoulder except at a designated bay, lay-bye, or Wayside Amenity; enforcement shall be effected through the Advanced Traffic Management System – ATMS real-time alerts to State Police, GPS – time stamped photographic evidence, and integrated eChallan generation.
- Inspection, Survey And Citizen Grievance – The Highway Administration, NHAI, NHIDCL, and State PWDs shall, within 30 days, file before this Court a consolidated report on:
- Composition and schedule of dedicated inspection teams for each highway stretch;
- State-wise encroachments identified and actions taken;
- Status of compliance with earlier directions.
- Encroachment Prohibition And Removal – Construction/operation of any new dhaba, eatery, or commercial structure within the Right of Way (ROW) of any National Highway is prohibited with immediate effect.
- Grant And Renewal Of License, NOC Or Trade Approval – No authority shall grant or renew licences within highway safety zones without prior clearance.
- District Highway Safety Task Force – District Magistrates shall constitute task forces to ensure enforcement, inspections, and coordination.
- Surveillance, Patrolling And Illegal Parking – Dedicated Highway Surveillance Teams shall be established with tracking-enabled vehicles.
- Operationalisation Of ATMS – NHAI shall operationalise Advanced Traffic Management Systems across highways.
- Emergency Response And Wayside Amenities – Deployment of ambulances and recovery cranes at regular intervals is mandated.
- Construction Of Truck Lay-Bye Facilities – Facilities must be developed at intervals of every 75 km with essential services.
- Additional Truck Lay-Bye Facilities – Authorities may provide additional facilities wherever feasible.
- Accident Blackspots And Lighting – Identification and correction of accident-prone areas with lighting and signage.
- Institutional Co-ordination And Reporting – Formation of inter-state coordination mechanisms.
- Compliance Report – Authorities must submit compliance reports within stipulated timelines.
Constitutional Significance Under Article 21
Most remarkably, the Bench propounds in para 5 holding that, “It is seen that National Highways constitute approximately 2% of India’s total road length but account for nearly 30% of all road fatalities.
A road, particularly a high-speed Expressway, must not become a corridor of peril due to administrative lethargy or infrastructural gaps. The loss of even a single life to avoidable hazards like illegal parking or blackspots etc., represents a failure of the State’s protective umbrella.
The ‘Right to Life’ enshrined under Article 21 of the Constitution of India is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.
Therefore, recognizing the safety of the commuter as an integral facet of the right to live with dignity as a constitutional obligation under Article 21 of Constitution of India, it is necessary in the interest to address the systematic root causes that these interim directions are issued in exercise of powers under Article 142 of the Constitution of India.
We reiterate that no pecuniary or administrative constraint can outweigh the sanctity of human life, and the strict timelines provided herein reflect the urgency of this constitutional obligation.”
Directions To Authorities
It is worth noting that the Bench notes in para 6 that, “The Registry of this Court is further directed to send a copy of this order to the Chief Secretary/Administrator and Director General of Police of all States and Union Territories, State Legal Services Authorities, and National Highways & Infrastructure Development Corporation Limited.
The respective authorities may take appropriate steps to coordinate with and facilitate all stakeholders for the purpose of carrying out the directions passed by this Court.
It is further made clear that, in case there are issues regarding compliance, the parties are at liberty to approach this Court.”
Road Safety Committee Involvement
It would be instructive to note that the Bench notes in para 7 that, “The Registry is further directed to forward a copy of this order to the Road Safety Committee headed by Hon’ble Justice (Retd.) Abhay Sapre in continuation of the practice as directed in GyanPrakash (supra).
MoRTH shall also place before this Court the Committee’s recommendations insofar as they pertain to the causes of highway accidents addressed herein within 75 days.”
Final Direction
Finally, the Bench then concludes by holding in para 8 that, “List after two months for reporting compliance.”
Quick Summary Of Key Directions
| Area | Key Action | Timeline |
|---|---|---|
| Parking Regulation | Ban on unauthorized highway parking | 60 Days |
| Encroachment Removal | Demolition of illegal structures | 60 Days |
| Safety Infrastructure | ATMS, lighting, surveillance | 60–120 Days |
| Emergency Services | Ambulances & recovery cranes | 60 Days |
| Compliance Reporting | Submission to Court | 75 Days |
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A - 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.
