01Polity & Governance·8 min read·Prelims · Mains
Supreme Court declares right to walk on footpath a fundamental right, wants law
This Supreme Court judgment creatively expands fundamental rights under Article 19 into the urban governance sphere. Prelims may test the specific Articles cited (19(1)(a)-(d)) and the Motor Vehicles Act critique; mains can explore the intersection of fundamental rights with urban planning, state accountability for public infrastructure, and environmental/climate co-benefits of pedestrianisation. UPSC aspirants need this for Polity (fundamental rights, judicial activism) and Governance (urbanisation, municipal duties). State PSC exams (e.g., TNPSC, MPPSC) will find it relevant for state-level municipal law and urban development questions.
- The Supreme Court declared the freedom to walk on demarcated and well-maintained footpaths a fundamental right, overriding the privilege of motorised vehicles.
- The Court held that the right to walk is connected to Article 19(1)(d) (right to move freely) and also embodies expressional, congregational and associational rights under Article 19(1)(a), (b) and (c).
- The Court criticized the Motor Vehicles Act, 1988, for being built on 'vehicle' as the subject while 'human' interests are incidental, and asked for a new statutory framework with a full-time regulator.