The judiciary’s role in complete justice, Pg8

Key Highlights:

• The Supreme Court declared the Right to safe travel on National Highways a fundamental right under Article 21, recognizing it as integral to the Right to Life.
• This decision followed the Court's suo motu cognisance of two road accidents in November 2025 that resulted in 34 fatalities.
• The Court mandated that safe roads are a constitutional obligation of the state, not just a policy goal.
• In the first six months of 2025, approximately 26,770 deaths occurred on National Highways in India.

Detailed Insights:

• The Supreme Court invoked its inherent power under Article 142 of the Constitution to ensure complete justice, addressing the alarming rate of fatalities on National Highways.
• While National Highways constitute only 2% of roads, they account for 30% of fatalities, highlighting a critical infrastructure and safety concern.
• The government aims to reduce road accidents by 50% by 2030, employing a strategy focused on Education, Engineering, Enforcement, and Emergency Medical Services.
• Article 142 empowers the Supreme Court to issue orders necessary for comprehensive justice, even when existing laws lack specific remedies, acting as a "constitutional safety valve".
• The power to deliver complete justice is residuary in nature and it may be exercised to ensure the observance of due process of law.
• While High Courts can also deliver complete justice under Article 226, their powers are more limited than the Supreme Court's inherent powers under Article 142.
• Exercise of Article 142 is sometimes criticised as judicial overreach, the court uses it to proactively take steps to ensure that complete justice is delivered.

Key Concepts Involved:

• Article 21: Guarantees the right to life and personal liberty, interpreted to include various aspects essential for a dignified life.
• Article 142: Grants the Supreme Court the power to pass orders necessary for doing complete justice in any cause or matter before it.
• Suo Motu Cognisance: The power of a court to take up a matter on its own, without waiting for a formal complaint.
• Judicial Overreach: A perceived situation where the judiciary exceeds its constitutional mandate and encroaches upon the powers of the executive or legislature.