Highway war between Kerala and Karnataka

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  Highway war between Kerala and Karnataka

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News - 

1. The Central Government informed the Supreme Court that a settlement has been reached between Karnataka and Kerala on lifting the blockade of border roads for passage of patients for urgent medical treatment at the inter-state border.
2. Earlier, the Kerala government told the apex court that Karnataka's blocking National Highways and border roads due to coronavirus, preventing people's access to medical treatment and movement of essential goods, is violative of fundamental rights of the Citizens.
3. Kerala said that the Union government, under whom the National Highway fall, is duty bound to issue direction to Karnataka to remove such blockade for transporting patients requiring medical attention as well as essential goods to Kerala.

Issue -

1. The COVID-19 outbreak has sparked an interstate dispute over the ‘right to the highway’. Earlier, with growing concern over the rapid rose of cases in Kerala, neighbouring Karnataka had closed all roads across the Dakshina Kannada, Kodagu and Mysuru districts.
2. Subsequently, the Kerala high court passed an order directing Karnataka to lift the ban as it is a direct attack on the federal structure. State governments cannot decide on closure of a highway.
3. In return, Karnataka government challenged the Kerala High Court order before the SC.
4. The closure of roads would affect the sociocultural relationship between the two states. The SC bench took up via video conferencing an appeal against the Kerala High Court order directing the opening of roads so that patients from Kasaragod can access emergency medical care facilities in Mangaluru. This is because the Kerala districts that border Karnataka are thought to have underdeveloped health infrastructure.
5. In normal times, Mangaluru has been a popular destination for the residents of Kasargod and Kannur in Kerala, as it has a number of bars, pubs and a vibrant nightlife. Young people from Kerala also frequently visit Mangaluru during the weekends. Investors from Kerala have also built hospitals, schools and hotels here.
6. In its appeal before the Supreme Court, Karnataka contended that the opening of the roads would lead to law and order issues as local residents are wary of people from Kasaragod crossing over given that the district has the largest number of COVID-19 cases in the country.

Kerala High Court’s Order - 

1. The Kerala High Court had directed the Centre to ensure that blockades put up by Karnataka on national highways connecting it to Kerala are removed forthwith in order to facilitate free movement of vehicles carrying people for urgent medical treatment between the two states.
2. The Kerala HC asked the Union government to intervene as the arterial roads that connect Mangalore to Kasaragod are part of the national highway network. Hence, it is the duty of the central government to ensure that roads are blockade- free.
3. Denial of health services amounts to infringement of right to life under Article 21 and also affects the right to freedom of movement under Article 19(1) (d) of the Constitution.

Court’s Territorial Jurisdiction 

1. Before the High Court, Karnataka contended that the court would be exceeding its territorial jurisdiction if it issues any direction.
2. But the court rejected this and said that when a High Court of a state finds and declares the actions of the government of another State to be illegal and unconstitutional, the said state government would be obliged to defer to the said declaration of law by a Constitutional Court of this country, notwithstanding that the said court is situated beyond the territorial limits of the said state.
3. The Court held that the Karnataka government cannot therefore be heard to contend that it is not obliged to respect the fundamental right of a citizen who resides outside its territorial limits.

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