Supreme Court Recognises Road Safety as Article 21 Right and Issues Nationwide Directions to Prevent Highway Accidents
Case Name: In Re: Phalodi Accident v. National Highways Authority of India & Ors.
Citation: 2026 INSC 388
Date of Judgment/Order: April 13, 2026
Bench: Justice J.K. Maheshwari and Justice Atul S. Chandurkar
Held: The Supreme Court held that road safety is an integral component of the right to life under Article 21 of the Constitution, imposing a positive obligation on the State to ensure safe highway infrastructure and prevent avoidable accidents. It further held that systemic negligence in maintaining highways, including illegal encroachments, unsafe parking, and lack of enforcement mechanisms, constitutes a violation of constitutional duties warranting intervention under Article 142 through enforceable nationwide directions.
Summary: The Court took suo motu cognizance following fatal highway accidents in Rajasthan and Telangana resulting in significant loss of life, and examined systemic failures in highway management and enforcement. It noted that National Highways, though constituting a small proportion of road length, account for a disproportionately high number of fatalities, highlighting administrative lapses such as illegal encroachments, absence of safe parking infrastructure, and inadequate surveillance. Based on recommendations of the Amicus Curiae and submissions of the Solicitor General, the Court evaluated the existing regulatory framework including the Control of National Highways (Land and Traffic) Act and prior precedents on road safety. It identified large-scale delays in enforcement, lack of coordination among agencies, and failure to operationalise technological systems. The Court emphasised that the right to safe passage is inherent in Article 21 and requires proactive governance, not merely reactive measures after accidents occur.
Decision: The Supreme Court issued extensive interim directions under Article 142 mandating prohibition of highway parking except designated zones, removal of encroachments within fixed timelines, creation of district highway safety task forces, operationalisation of ATMS systems, deployment of emergency response infrastructure, construction of lay-byes and wayside amenities, identification of accident blackspots, and establishment of monitoring and compliance mechanisms, while directing all States and authorities to file compliance reports and listing the matter for further monitoring.