‘Resolve Driving License Issue’, SC Instructs Central Govt

The Centre told the Supreme Court on Wednesday that a committee appointed by the government has submitted a draft report addressing the legal question of whether an individual holding a driving license for a light motor vehicle can legally drive a transport vehicle with an unladen weight not exceeding 7,500 kilograms.

Chief Justice D Y Chandrachud, leading a five-judge Constitution bench, granted the Centre until April 15 to resolve the issue. The bench emphasized that if the matter remains unresolved, they will proceed to hear the pleas and deliver a verdict.

The CJI stated, “Actually, it is a part-heard matter. We have substantially heard it…. We will give you (the government) the time to resolve the matter. If it is not resolved, then we will hear the matter and lay down the law. Ultimately, if Parliament wants to intervene, then it can always do so…”

The bench provided a deadline till mid-February for the finalization of the report and instructed the government to supply copies of it to the litigating parties. The batch of pleas will now be scheduled for directions on April 16, with the hearing set to commence from April 23.

“The attorney general says a draft report of the committee appointed by the government has been received. He would request time to examine it. The proceedings shall now be listed for directions on April 16, and it is understood that in the event, if the issue is not resolved on that day by the Union of India, the proceedings shall be listed for concluding the remaining part of the hearing on April 23, 2024,” the bench stated.

Earlier, the bench had directed the Centre to review, by January 17, the legal question regarding whether a person holding a driving license for a light motor vehicle is entitled to legally drive a transport vehicle with an unladen weight not exceeding 7,500 kilograms. The court highlighted the significance of these policy issues impacting the livelihood of many individuals and urged the government to take a fresh look at the matter from a policy perspective.

The legal question in consideration has led to disputes over insurance claims in accident cases involving transport vehicles driven by individuals holding licenses for light motor vehicles. The bench acknowledged that the amendment process would involve consultations with multiple stakeholders, necessitating time.

“We direct the Union to pursue the exercise with utmost expedition. Since the consultation with the state governments is envisaged, we direct all state governments to comply with the timeline set by the Ministry of Road Transport and Highways. 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 roadmap of further steps, which the Union proposes to take, should be placed before this court,” the bench had ordered.

Attorney General R Venkataramani presented a note from the Centre, indicating that the government was considering a broader perspective rather than making piecemeal amendments to address the issue. The bench questioned whether a change in law was warranted on the legal question concerning whether a person holding a driving license for a light motor vehicle is entitled to drive a transport vehicle of a specific weight.

The Constitution bench highlighted the need to ascertain the position of the Ministry of Road Transport and Highways, considering the acceptance of the apex court’s 2017 verdict in the case of Mukund Dewangan versus Oriental Insurance Company Limited. In the Dewangan case, a three-judge bench had held that transport vehicles with a gross weight not exceeding 7,500 kg are not excluded from the definition of a light motor vehicle.

“There may be lakhs of drivers across the country who are working on the basis of the Dewangan judgment. This is not a constitutional issue. It is purely a statutory issue,” the bench remarked. “This is not just the question of law, but also the social impact of the law…. Road safety has to be balanced with the social purpose of the law, and you have to see if this causes serious hardships. We cannot decide issues of social policy in a Constitution bench,” it added.

The Constitution bench had commenced hearing 76 petitions on July 18 last year, dealing with the legal question. The lead petition was filed by M/s Bajaj Allianz General Insurance Company Limited. The Motor Vehicles Act provides for different regimes for granting driving licenses for various vehicle categories. The matter was referred to the larger bench on March 8, 2022, by a three-judge bench headed by Justice U U Lalit (since retired), citing the need to revisit the controversy in question.