UPSC PracticeUPSC Practice
UPSC Notes

Right to Walk as a Fundamental Right

PYQs

9

Articles

2

Momentum

28

Phase IFoundation

Background

Overview

UPSC frequently examines the interpretation and expansion of Fundamental Rights by the Judiciary, especially Article 21. This case exemplifies judicial activism in extending fundamental rights to specific aspects of daily life and public spaces, impacting urban governance and citizen welfare.

The Indian Constitution guarantees fundamental rights to its citizens, including the freedom of movement (Article 19(1)(d)) and the right to life and personal liberty (Article 21). The Supreme Court, through its interpretative powers, has expanded the scope of these rights to include various unarticulated rights essential for a dignified life.

Phase IIStatic core

Facts & tables

Key facts

Judicial Declaration

Supreme Court declared the Right to Walk safely on footpaths a fundamental right.

Constitutional Basis

Derived from Article 19(1)(d) (freedom of movement) and Article 21 (right to life).

Priority over Automobiles

The ruling prioritizes pedestrians' claim on public pathways over automobiles.

Judicial Interpretation

Illustrates the judiciary's role in expanding the scope and meaning of fundamental rights.

Priority

Prioritizes pedestrians over motorized vehicles on demarcated paths.

State's Duty

Implies a duty on the state to ensure encroachment-free spaces for walking.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaFundamental Rights
Conceptual areaJudiciary & Judicial Review

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaInterprets and enforces
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Factual recall

Prelims angle: Conceptual understanding

Quick revision

  • SC declared Right to Walk a fundamental right.
  • Derived from Article 19(1)(d) and Article 21.
  • Prioritizes pedestrians on public pathways.
  • Example of judicial interpretation expanding fundamental rights.
  • Impacts urban planning and citizen's access to public spaces.

Elimination traps

Constitutional vs statutory — Distinguish between a right explicitly enshrined in the Constitution and one derived through judicial interpretation, which holds constitutional force, versus a right granted by ordinary legislation.

Check if created by Constitution or by Parliament.

High-confidence PYQs

2025Statement-based questions, Factual recall

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

Indian PolityOpen question

Consider the following pairs: Provision in the Constitution of India – Stated under I. Separation of Judiciary from the Executive in the public services of ...

Indian PolityOpen question
2025Statement-based questions, Conceptual understanding

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

Indian PolityOpen question

Consider the following pairs: Provision in the Constitution of India – Stated under I. Separation of Judiciary from the Executive in the public services of ...

Indian PolityOpen question
2024Factual recall, Conceptual understanding

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Indian PolityOpen question
2023Factual recall, Conceptual understanding

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Indian PolityOpen question
2021Conceptual understanding, Factual recall

Consider the following statements: 1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this r...

Indian PolityOpen question

‘Right to privacy’ is protected under which Article of the Constitution of India?

Indian PolityOpen question
2021Multi-statement analysis, Conceptual understanding

Consider the following statements: 1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this r...

Indian PolityOpen question

‘Right to privacy’ is protected under which Article of the Constitution of India?

Indian PolityOpen question
2020Factual recall, Conceptual understanding

Which one of the following categories of Fundamental Rights/incorporates protection against untouchability as a form of discrimination?

Indian PolityOpen question
2019Factual recall, Conceptual understanding

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

Indian PolityOpen question
2018Conceptual understanding, Factual recall

Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and a...

Indian PolityOpen question

Topic timeline

Fundamental RightsJudiciary & Judicial Review
Prelims 2018· Conceptual understanding, Factual recall

Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and a...

Open question
Prelims 2019· Factual recall, Conceptual understanding

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

Open question
Prelims 2020· Factual recall, Conceptual understanding

Which one of the following categories of Fundamental Rights/incorporates protection against untouchability as a form of discrimination?

Open question
Prelims 2021· Conceptual understanding, Factual recall

Consider the following statements: 1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this r...

Open question

‘Right to privacy’ is protected under which Article of the Constitution of India?

Open question
Prelims 2021· Multi-statement analysis, Conceptual understanding

Consider the following statements: 1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this r...

Open question

‘Right to privacy’ is protected under which Article of the Constitution of India?

Open question
Prelims 2023· Factual recall, Conceptual understanding

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Open question
Prelims 2024· Factual recall, Conceptual understanding

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Open question
Prelims 2025· Statement-based questions, Factual recall

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

Open question

Consider the following pairs: Provision in the Constitution of India – Stated under I. Separation of Judiciary from the Executive in the public services of ...

Open question
Prelims 2025· Statement-based questions, Conceptual understanding

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

Open question

Consider the following pairs: Provision in the Constitution of India – Stated under I. Separation of Judiciary from the Executive in the public services of ...

Open question

How the right to walk is integral to modernity

07 Jul 2026 · The Supreme Court has recognized the Right to Walk as a fundamental right under Articles 19(1)(d) and 21, emphasizing pedestrian safety and access to public spaces over vehicular claims, showcasing judicial expansion of rights.

Read article

Centre must ensure every road has encroachment-free space for walking: Supreme Court

03 Aug 2026 · The Supreme Court has recognized the 'right to walk' on footpaths as a fundamental right, stemming from Article 19(1)(d) and Article 21, emphasizing pedestrian priority and the state's duty to ensure encroachment-free spaces.

Read article

Related topics

Current topic

Right to Walk as a Fundamental Right

Often confused with

Judicial Review and Role of Supreme Court

Open notesOften confused with

Right to Speedy Trial and Personal Liberty

Open notesOften confused with

Judicial Review of Executive/Policy Decisions

Open notes

Practice writing on this topic

UPSC has asked 9 linked questions on Right to Walk as a Fundamental Right in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Right to Walk as a Fundamental Right

Practice official previous year questions asked by UPSC related to this concept.

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

2019·Indian Polity
Solve

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

2023·Indian Polity
Solve

Consider the following statements: 1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this r...

2021·Indian Polity
Solve

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

2024·Indian Polity
Solve

‘Right to privacy’ is protected under which Article of the Constitution of India?

2021·Indian Polity
Solve

Which one of the following categories of Fundamental Rights/incorporates protection against untouchability as a form of discrimination?

2020·Indian Polity
Solve

Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and a...

2018·Indian Polity
Solve

With reference to the Indian polity, consider the following statements: I. An Ordinance can amend any Central Act. II. An Ordinance can abridge a Fundamenta...

2025·Indian Polity
Solve

Consider the following pairs: Provision in the Constitution of India – Stated under I. Separation of Judiciary from the Executive in the public services of ...

2025·Indian Polity
Solve

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