Supreme Court on Road Safety – Article 142 and Highway Regulation

Road Safety Latest News

• The Supreme Court invoked its extraordinary powers under Article 142 to issue directions on highway safety following two fatal road accidents.

Article 142 and Complete Justice

• Article 142 of the Constitution empowers the Supreme Court to pass any order necessary to ensure “complete justice” in a case.
• This provision is unique as it allows the Court to go beyond existing statutory frameworks when required. 
• It is often used in situations where legislative or administrative gaps exist, and immediate intervention is necessary.
• The power is discretionary but must align with constitutional principles. Over time, it has been used in matters relating to environmental protection, governance reforms, and public safety.

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Link with Right to Life under Article 21

• The Supreme Court has consistently interpreted Article 21 broadly.
• It includes not only protection against unlawful deprivation of life but also the right to live with dignity and safety.
• In the context of road safety, the Court has clarified that ensuring safe infrastructure and preventing avoidable accidents is a positive obligation of the State. 

Road Safety in India: Structural Concerns

• India records a high number of road accidents annually.
• National Highways constitute only about 2% of total road length but account for nearly 30% of road fatalities, indicating severe safety gaps. 
• Key issues include: 
  • Poor enforcement, 
  • Unsafe parking practices, 
  • Lack of surveillance and 
  • Inadequate infrastructure, such as lighting and emergency services.

News Summary

• Background of the Case
  • The case originated from two major accidents in November 2025.
  • One incident involved a bus hitting a stationary trailer on the Bharatmala Expressway in Rajasthan, killing 15 people. Another accident in Telangana resulted in 19 deaths when a lorry collided with a bus while avoiding a pothole. 
  • These incidents prompted the Supreme Court to take suo motu cognisance of road safety issues.
• Observations of the Supreme Court
  • The Court criticised the National Highways Authority of India (NHAI) and state public works departments for lapses in safety management.
  • The Court observed that highways must not become “corridors of peril” due to administrative negligence or infrastructural gaps. 
  • The Court also highlighted the dangers of illegal parking of heavy vehicles, particularly near roadside establishments, which significantly increases accident risks. 
• Key Directions Issued by the Court
  • The Supreme Court issued a comprehensive set of directives.
  • Parking of heavy and commercial vehicles on highways has been prohibited except in designated areas such as lay-bys and wayside amenities. 
  • The Court directed the use of Advanced Traffic Management Systems (ATMS) to monitor highways and detect violations through GPS-enabled systems. 
  • It mandated the deployment of ambulances and recovery vehicles at intervals of 75 km to ensure quick response in emergencies. 
  • Further, authorities have been instructed to identify accident-prone black spots within 45 days and install safety measures such as lighting, cameras, and warning signs. 
• Regulation of Roadside Activities
  • The Court has prohibited the construction of new dhabas and commercial establishments within the Right of Way (ROW) of highways.
  • It also directed the demolition of unauthorised structures and imposed restrictions on land use within a specified distance from highways. 
  • These measures aim to reduce roadside congestion and unsafe practices.
• Strengthening Enforcement Mechanisms
• • The Court called for the creation of dedicated highway surveillance teams involving police and transport departments for round-the-clock monitoring. 
  • Integration of surveillance systems with e-challan mechanisms has been emphasised to ensure effective enforcement.

Source: TH | IE