Using its power under Article 142, the Supreme Court of India recently declared the Right to safe travel on National Highways as a fundamental right, as an integral component of the Right to Life under Article 21.

• The Court issued wide-ranging directives and held that providing safe, well-maintained, and motorable roads is a binding constitutional duty of the State, moving it beyond a mere policy objective.

About Article 142

• Under the Article, SC is empowered to pass necessary orders or decree to delivercomplete justice where existing laws fail to provide a specific remedy. 
• Not available to High courts: These powers under Article 142 are constitutionally conferred only on SC. 
• Significance: Fills legislative vacuums if a situation arises where a gross injustice is apparent but there is no explicit law, Article 142 allows the Court to step in and provide an immediate remedy.
  • E.g. Vishaka Guidelines (1997) formulated to tackle sexual harassment at workplaces as there was a complete absence of statutory law at the time.
• Criticism: While a ‘constitutional safety valve’ to legal gaps, it may cause judicial overreach upon Executive or Legislature. 
  • Judicial Overreach refers to a situation where judiciary crosses its constitutional boundary and interferes in the functions of executive or legislature.