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The judiciary’s role in complete justice

27 May 2026
2 min

Supreme Court's Role in Upholding the Constitution

The Supreme Court acts as the custodian of the Constitution, equipped with powers to address grievances beyond statutory capabilities.

Right to Safe Travel as a Fundamental Right

The Supreme Court recently elevated the Right to Safe Travel on National Highways to a fundamental right, integrating it with the Right to Life under Article 21.

  • Initiated following suo motu cognisance of two fatal road accidents in November 2025 resulting in 34 deaths.
  • Case Reference: In Re: Phalodi Accident vs. National Highways Authority of India and Others (2025).
  • Mandates that safe roads are a constitutional obligation.

Statistics and Government Goals

  • National Highways constitute 2% of roads but account for 30% of fatalities.
  • Approximately 26,770 deaths on National Highways in the first half of 2025.
  • Government aims to halve road accidents by 2030 through a strategy enhancing Education, Engineering (roads/vehicles), Enforcement, and Emergency Medical Services.
  • 11% reduction in fatalities compared to 2024, still considered high.

Supreme Court's Powers Under Article 142

Article 142 empowers the Supreme Court to ensure complete justice, extending beyond procedural limitations.

  • Inherent power not granted by statute, allowing intervention where laws are silent or incapable of addressing issues.
  • Invoked in cases of manifest errors to prevent injustice.
  • Reference: Delhi Judicial Service Association vs. State of Gujarat (1991) - highlights the unique and supreme nature of this power.

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Constitutional Obligation

A duty or requirement imposed by the Constitution of India, which must be fulfilled by the state and, in some cases, by individuals or institutions.

Fundamental Right

Basic human rights enshrined in Part III of the Indian Constitution, which are guaranteed to all citizens and are justiciable, meaning they can be enforced through the courts.

Article 142

A provision in the Indian Constitution that empowers the Supreme Court to pass any order as is necessary for doing complete justice in any cause or matter pending before it, often invoked for extraordinary situations.

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