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Expedite consultation, file MV act report by January 17: SC to Centre
The Supreme Court on Wednesday directed the Centre to expedite the consultation process with stakeholders, including states and Union territories, for amending the Motor Vehicles Act.
The Supreme Court on Wednesday directed the Centre to expedite the consultation process with stakeholders, including states and Union territories, for amending the Motor Vehicles Act and asked it to file a report by January 17 next year as to whether a light motor vehicle (LMV) licence holder can legally drive a transport vehicle of unladen weight of up to 7,500 kg.
A five-judge Constitution bench headed by chief justice of India (CJI) Dhananjaya Y Chandrachud was dealing with a bunch of petitions by insurance companies seeking reversal of a 2017 judgment of the apex court that permitted LMV licence holders to drive transport vehicles.
Noting that the exercise for amendment would require consultation with multiple stakeholders which will take time, the court said: “We direct the Union to pursue the exercise with utmost expedition. Since the consultation with the state government is envisaged, we direct all state governments to comply with the timeline set by the ministry of road transport and highways (MoRTH).”
On September 13, the top court had sought assistance of attorney general R Venkataramani and asked the Centre to evaluate the “far-reaching implications” of reversing the 2017 judgment in Mukund Dewangan v Oriental Insurance that held the field for six years.
On Wednesday, Venkataramani filed a note before the court saying the process of amending the provisions of Motor Vehicles Act, 1988 had begun. He added the transport ministry had consulted all stakeholders restricting the amending exercise not just to the provisions with the judgment, but with a holistic perspective. Stating it would require consultation with states and UTs, the AG urged the court to adjourn hearing of the case “sine die” (indefinitely).
The bench, also comprising justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, however, rejected the request to defer the proceedings indefinitely. “We are not inclined to accede to the request of Union government to adjourn the hearing sine die. An element of certainty must be brought on the issues raised in these petitions,” the bench said.
“The proceedings shall now be listed on January 17, 2024, by which date we expect that the consultation will be concluded in its entirety and a clear road map of further steps which Union proposes to take should be placed before this court,” it added.
The court directed the order to be sent to chief secretaries of all states/UTs and clarified that even as the validity of the 2017 decision is under cloud, it will continue to hold the field for all purposes.
The court is hearing a bunch of 75 petitions by insurance companies against the July 2017 verdict that ended the practice of different sets of rules guiding the grant of licence to drive private and commercial vehicles as long as the unladen weight of the vehicle was less than 7,500kg. The verdict meant that any person with a licence to drive a private car or autorickshaw did not need the transport department’s endorsement to also drive cabs, taxis or other buses with passengers.
Insurance firms argued this verdict had serious implications for road safety as it would permit an autorickshaw driver to drive a road roller, a school bus or a contract carriage without going through the stringent checks meant for transport vehicle drivers, who had to undergo a rigorous 30-day training course before acquiring a licence.
