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Epilogue > Blog > J&K > Government links motorable road access to Article 21 protections
J&K

Government links motorable road access to Article 21 protections

Editor
Last updated: February 6, 2026 3:28 pm
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New Delhi, February 6: The Government has underlined that access to safe, motorable roads is an essential part of the fundamental right to life guaranteed under Article 21 of the Constitution. The assertion comes in the wake of recent Supreme Court observations that broadened the scope of Article 21 to cover basic infrastructure and public amenities vital for a dignified life.

Officials pointed out that roads are more than just routes of travel — they are lifelines for economic growth, healthcare, education, and social connectivity. Recognising motorable roads as a constitutional right places a clear responsibility on the State to ensure that citizens have access to safe and reliable road networks.

The Supreme Court has repeatedly stressed that the government cannot shirk its duty to provide and maintain roads, calling it a core public function. It has also warned against leaving such responsibilities entirely to private players without safeguards, noting that infrastructure tied directly to the right to life must remain uncompromised.

Legal experts say the move reflects a growing recognition that fundamental rights must evolve to meet modern needs. By bringing motorable roads under Article 21, the judiciary has reinforced accountability and pushed governments to prioritise road safety and maintenance as part of rights-based governance.

Officials added that the decision will have wide implications for infrastructure planning, compelling agencies to improve road quality, safety standards, and equitable access. Citizens, too, can now invoke constitutional protections to demand better road conditions, making this a landmark step in expanding the scope of fundamental rights.

The government’s stance, in line with the judiciary, signals a shift towards treating road infrastructure as a basic entitlement rather than a discretionary service. The move is expected to improve transparency, reduce accidents, and strengthen public trust in governance.

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