·The Hindu·15 marks·250–350 words

Critically evaluate the effectiveness of judicial monitoring versus executive self-regulation in ensuring compliance with public safety directions, taking the NHAI highway-safety case as an example.

In this answer
  1. Where judicial monitoring works
  2. Where judicial monitoring falls short
  3. Executive self-regulation: merits and gaps

India recorded its highest-ever 1,72,890 road deaths in 2023 [1]. The Supreme Court's ongoing suo motu highway-safety case — where it has now asked NHAI why CCTV cameras and monitoring rooms cannot be set up at toll plazas [2] — offers a live test of which compliance model actually delivers safety on the ground.

Where judicial monitoring works

  • Agenda-setting after tragedy: the Court took suo motu cognisance following the Phalodi (Rajasthan) and Chevella (Telangana) crashes of November 2025 that killed 34 people, converting scattered accidents into a systemic inquiry [2].
  • Rights anchoring: its April 2026 interim directions read highway-user safety into the right to life (Article 21), imposing a positive State obligation rather than a discretionary one [2].
  • Continuing mandamus: periodic hearings force NHAI to report progress, exposing that only circulars on inspections and patrolling had been issued [2].

Where judicial monitoring falls short

  • Courts lack technical and fiscal expertise — the CCTV proposal was a suggestion, not a costed directive; execution still rests with the executive.
  • Compliance is episodic, tied to listed hearing dates, and risks blurring separation of powers.

Executive self-regulation: merits and gaps

  • NHAI has delegated financial powers to Project Directors for spot rectification and reports 13,795 blackspots identified, with 9,525 short-term and 4,777 permanent rectifications — scale no court could administer [3].
  • The Motor Vehicles (Amendment) Act, 2019 created a National Road Safety Board and stiffer penalties [4].
  • Yet enforcement against encroachment and illegal parking remains weak, and circular-based compliance substitutes paperwork for outcomes [2].

The two are complementary rather than competing: judicial monitoring supplies urgency and rights-based accountability, while only the executive can sustain routine enforcement. The durable path is to institutionalise court-prompted reforms — technology-enabled surveillance, audited blackspot rectification and a functioning Road Safety Board — so that Article 21 protection on highways becomes administrative routine rather than litigation-driven.

Sources

  1. 1Road Accidents in India 2023, Ministry of Road Transport & Highwaysroad fatality figure for 2023
  2. 2Court asks NHAI to consider setting up CCTVs at toll plazas, The Hindu, 4 September 2026suo motu case, Phalodi/Chevella crashes, April 2026 Article 21 interim directions, NHAI's circular-only response, CCTV suggestion
  3. 3NHAI takes initiative for Rectification of Accident Spots Through Short Term Measures, PIBblackspot identification and rectification data, delegated powers
  4. 4The Motor Vehicles (Amendment) Act, 2019, PRS Legislative Research%20Act,%202019.pdf) — National Road Safety Board and enhanced penalties

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