Kochi, Dec 7, 2025 — The Kerala State Government is facing intense legal and public pressure over its attempts to evade responsibility for a rising number of fatal accidents attributed to construction defects on National Highways (NH) across the state. Legal experts and critics are asserting that the government, led by Chief Minister Pinarayi Vijayan and Public Works Minister Mohammed Riyas, has a clear constitutional and statutory obligation to ensure road safety, regardless of the NHAI’s (National Highways Authority of India) role in construction.
The controversy deepened after a series of construction-related accidents prompted the State Government to quietly remove numerous flex boards and hoardings that had prominently featured the CM and PWD Minister, claiming credit for the highway development work. Following the tragic events, both leaders sought to distance the state by claiming that responsibility for NH safety rested solely with the NHAI.
Constitutional Duty to Protect Life
However, legal analysis reveals that the state’s position is untenable. Jurists point to Article 21 (Right to Life) of the Indian Constitution, which the Supreme Court has interpreted to include the right to safe and motorable roads and footpaths.
While the maintenance of National Highways falls under the Union List, matters of ‘Public Order,’ ‘Police,’ and ‘Road Safety Enforcement’ are firmly within the state’s domain. This jurisdictional split dictates that the State Government cannot simply relinquish its duty to protect the lives of its citizens on any public thoroughfare.
Statutory Powers for Immediate Action
The government is also armed with powerful state and central statutes that mandate intervention:
- Criminal Laws: The state police are empowered under laws like the newly enacted Bharatiya Nyaya Sanhita, 2023 (Sections 106, 125, 285) to register FIRs against negligent contractors, engineers, and responsible officials for causing death or endangering life due to faulty construction.
- Public Nuisance & Road Safety Acts: The CrPC, 1973 (S.133) allows District Magistrates to order NHAI or contractors to remove dangerous public nuisances like unlit diversions, unfenced potholes, or unstable earthworks. Furthermore, the Kerala Road Safety Authority Act, 2007 grants the state-level authority and District Road Safety Councils the power to demand independent safety audits and impose deadlines on NHAI for corrective measures.
- State Police Act, 2011: This act assigns the police a general duty to prevent accidents, ensure traffic regulation, and enforce signage and lighting requirements on all roads, including NHs, when safety is compromised.
- The State Government must immediately acknowledge its legal and constitutional liabilities regarding highway safety and use its extensive powers to intervene and hold negligent construction parties accountable to prevent further loss of life on Kerala’s roads.
