International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 4
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The Constitutionalization of Road Safety: Analyzing the Right to Safe and Unobstructed Travel on National Highways

Author(s) Mr. Prabal Soni
Country India
Abstract The massive development and growth of high-speed rail networks and expressway corridors in India is one of the defining features of modern economic development in the country, but this revolutionary progress is completely undermined by the emergence of a systemic health epidemic on Indian highways. The Indian National Highways, which make up a mere two percent of all road mileage in the country, carry the disproportionately heavy burden of human misery in the form of roughly thirty to thirty-six percent of all fatalities resulting from road accidents in the country . In this regard, the present research paper highlights the significant transformation that is currently taking place within the field of Indian public law, which involves the systematic “constitutionalization” of road safety. Traditionally understood as issues of tort law, minor traffic offenses, and even the policy of cleaning up after incidents, the problem of road safety has been analyzed from the perspective of a constitutionally enforceable duty based on Article 21 of the Constitution of India. As opposed to the narrow approach that focused on safeguarding against arbitrary deprivation of life caused through state actions, it is clear that the legal world today sees the right to life as being more dynamic in nature and as the State’s positive obligation to create conditions conducive to the protection of human life. The thesis examines how the various statutes coupled with the principles of public law transform omissions in relation to engineering errors and obstruction of roadways from mere administrative failures into constitutional transgressions qualifying for exercise of extraordinary jurisdiction by courts.
Keywords Article 21 Right to Safe Passage; National Highways Authority of India (NHAI); In Re: Phalodi Accident; Advanced Traffic Management System (ATMS); Section 198A; Removal of Encroachments; Right of Way (ROW); Public Law Remedies; Road Safety Jurisprudence.
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-06-11
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E-ISSN 2582-2160
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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