Safety Of Commuter Constitutional Obligation Of State Under Article 21: Supreme Court Issues Interim Directions To NHAI, MoRTH Following Phalodi Accident
The matter before the Supreme Court emanated from the tragic loss of 34 lives in successive road accidents in 2025, in the district of Phalodi, Rajasthan, and the district of Rangareddy, Telangana.
Taking suo moto cognisance of the matter involving the tragic loss of people in successive road accidents in Phalodi and Rangareddy districts, the Supreme Court has issued interim directions to the Ministry of Road Transport & Highways (MoRTH) and the National Highways Authority of India (NHAI) to prevent such accidents and deal with the lapses resulting in a threat to public safety.
The matter before the Apex Court emanated from the tragic loss of 34 lives in successive road accidents in 2025, in the district of Phalodi, Rajasthan, and the district of Rangareddy, Telangana. The Apex Court had taken suo-motu cognisance of the systemic negligence and catastrophic infrastructure failures that led to these casualties.
The Division Bench of Justice J. K. Maheshwari and Justice Atul S. Chandurkar held, “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.”
Factual Background
The Apex Court had issued notice to State and National authorities, demanding a comprehensive report on the egregious administrative failures and the resulting threat to public safety. Various suggestions and recommendations were accordingly made by the Amicus Curiae. At the request of the Court, the Solicitor General and the Amicus Curiae jointly tendered suggestions indicating the nature of interim directions that could be considered for being issued during the pendency of the present proceedings.
Directions:
The Bench thus issued the following interim directions:
- 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.
- The Highway Administration, NHAI, NHIDCL, and State PWDs should, within 30 days, file a consolidated report on the composition and schedule of dedicated inspection teams for each highway stretch.
- 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.
- No department, authority, or local body should grant or renew any licence, NOC, or trade approval for any site within Highway safety zones without prior NHAI/PWD clearance; all such existing licences for such sites must be reviewed within 30 days.
- In every district where the National Highway passes through, the concerned District Magistrate, within 15 days of this order, shall constitute a District Highway Safety Task Force in every district across India.
- Dedicated Highway Surveillance Teams of State Police and Transport Department personnel shall be constituted within 30 days for regular National Highway patrolling, supplementing NHAI’s 24x7 route patrolling Vehicles at intervals not exceeding 50 km.
- NHAI should operationalise its ATMS comprising TMCC cameras, VSDS speed detectors, VIDS cameras, Variable Message Signboards, and Emergency Call Boxes across all 4/6-lane highways and expressways.
- NHAI is directed to deploy within a period of 60 days BLS ambulances and recovery cranes, which can be deployed immediately at intervals not exceeding 75 km on every National Highway stretch, at toll plazas, Wayside Amenities, or dedicated posts
- NHAI and MoRTH should ensure the construction of truck lay-bye facilities at intervals of every 75 km on all National Highways. MoRTH/NHAI are directed to identify accident blackspots and critical areas and publish a comprehensive list of Accident blackspots on National Highways within 45 days.
- MoRTH should place a report on the constitution of an Inter-State Highway Safety Coordination Committee for standardising enforcement protocols, including uniform driving-hour limits, surveillance standards, parking enforcement, and penalty regimes across State boundaries.
The Bench further asked the Registry of the Court to send a copy of the 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 matter has been listed after two months for reporting compliance.
Cause Title: In Re: Phalodi Accident v. National Highways Authority Of India (Neutral Citation: 2026 INSC 388)