Supreme Court Recognizes Right to Walk as Fundamental Right Under Articles 19(1)(d) and 21

The Hindu - Opinion · 8 Jul 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Supreme Court has declared the Right to Walk safely on footpaths as a fundamental right under Article 19(1)(d) (freedom of movement) and Article 21 (right to life), reinforcing pedestrian rights over automobiles in public pathways.

Key points

Right to Walk: The Supreme Court's ruling emphasizes that pedestrians have a fundamental right to walk safely on footpaths, protected under Article 19(1)(d) and Article 21 of the Indian Constitution.

Judicial Interpretation: The judgment expands the scope of Article 21 (Right to Life) to include the right to walk, aligning with previous rulings that have broadened this article to encompass dignity, privacy, and a pollution-free environment.

Historical Context: Walking has been integral to India's political and spiritual history, from Gandhi's Dandi March to Subhash Chandra Bose's Delhi Chalo, symbolizing resistance and freedom.

Literary Influence: The judgment reflects a literary and cultural consciousness, referencing Rabindranath Tagore's Aekla Chalo Re and Nandalal Bose's art, which celebrate the act of walking as a metaphor for independence and self-reliance.

Urban Governance: This ruling challenges urban planning paradigms that prioritize automobiles over pedestrians, urging cities to redesign infrastructure for walkability.

[GS3-Environment] The judgment indirectly addresses urban heat island effects and pollution by promoting pedestrian-friendly cities, which can reduce vehicular emissions and enhance public health.

Social Equity: The ruling counters capitalist arguments that pedestrians are economic burdens, affirming that public pathways are communal resources accessible to all, regardless of socioeconomic status.

Global Context: The decision aligns with global movements like walkable cities and sustainable urban mobility, reflecting India's commitment to SDG 11 (Sustainable Cities and Communities).

Way Forward: Municipal bodies must enforce footpath maintenance, penalize encroachments, and integrate pedestrian rights into urban master plans. States should adopt Non-Motorized Transport (NMT) policies and allocate budgets for pedestrian infrastructure.

Key terms

Article 19(1)(d)

Article 19(1)(d) of the Indian Constitution guarantees citizens the right to move freely throughout the territory of India. This fundamental right is essential for personal liberty and has been interpreted to include access to public spaces like footpaths, as affirmed by the Supreme Court in this judgment.

Article 21

Article 21 of the Indian Constitution protects the Right to Life and Personal Liberty. Judicial interpretations have expanded it to include rights like clean air, dignity, and now, the Right to Walk. This ruling reinforces its role as a living document adaptable to contemporary needs.

Dandi March

The Dandi March (1930) was a 24-day nonviolent protest led by Mahatma Gandhi against the British salt monopoly. It symbolizes the power of walking as a tool of civil disobedience and political resistance, influencing India's freedom struggle and constitutional values.

Non-Motorized Transport (NMT)

NMT refers to transport modes like walking and cycling that do not rely on engines. It is critical for sustainable urban planning, reducing emissions, and promoting public health. The Supreme Court's ruling underscores the need for NMT-friendly policies in Indian cities.