Fundamental Rights on Road
In this article, the author examines the judicial evolution of the fundamental right to road, tracing its transformation from anti-discrimination access to a broader conception encompassing safety and accessibility under Article 21. By analysing cases across the Supreme Court and High Courts, the author highlights the risks of rights expansionism, where administrative failures are increasingly constitutionalised. The article proposes the doctrine of constitutional avoidance as a pragmatic approach to balance administrative efficacy with fundamental rights, ensuring that infrastructural issues are addressed without overstretching the constitutional framework. Continue reading Fundamental Rights on Road
