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
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
- 1Road Accidents in India 2023, Ministry of Road Transport & Highwaysroad fatality figure for 2023
- 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
- 3NHAI takes initiative for Rectification of Accident Spots Through Short Term Measures, PIBblackspot identification and rectification data, delegated powers
- 4The Motor Vehicles (Amendment) Act, 2019, PRS Legislative Research%20Act,%202019.pdf) — National Road Safety Board and enhanced penalties