Model Answer

GS2

Indian Polity

15 marks

“The right to safe travel on highways is intrinsic to Article 21 of the Constitution.” In light of recent judicial observations, critically examine the scope of the Right to Life and discuss the responsibilities of the State in ensuring road safety in India.

The scope of Article 21 (Right to Life) has undergone a transformative expansion through judicial interpretation, evolving from mere protection against arbitrary deprivation of life to ensuring a life of dignity, safety, and well-being. In this context, the recent observations of the Supreme Court of India affirm that the right to safe travel on highways is intrinsic to Article 21, marking a significant addition to its expanding ambit.

The Court has emphasized that road safety is not merely a matter of policy but a constitutional obligation of the State. This aligns with the doctrine laid down in Maneka Gandhi v. Union of India, which established that any procedure affecting life and liberty must be “just, fair and reasonable.” By recognizing safe mobility as a component of the right to life, the judiciary has extended Article 21 to include protection from preventable harm arising out of unsafe infrastructure and administrative negligence.

This interpretation imposes a positive obligation on the State. It requires governments not only to refrain from violating rights but also to actively ensure:

Safe road infrastructure Regulation of traffic and parking Removal of hazards such as illegal encroachments

However, the reality reflects significant governance challenges. Despite National Highways constituting a small proportion of total road length, they account for a disproportionately high number of fatalities. Issues such as weak enforcement, poor urban planning, and lack of accountability highlight the gap between constitutional ideals and administrative practice.

Critically, while judicial interventions strengthen accountability, they also raise concerns about judicial overreach into executive functions. Sustainable improvement in road safety requires coordinated efforts involving legislative reforms, administrative efficiency, and public awareness.

In conclusion, by elevating road safety to a fundamental right, the judiciary has reinforced the primacy of human life in governance. The onus now lies on the State to translate this constitutional mandate into effective, ground-level action through a proactive and integrated approach.

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