The Supreme Court on Wednesday directed the Central government to review, by January 17, the legal question of whether an individual possessing a driving license for a light motor vehicle is entitled to legally operate a transport vehicle of a specific weight.
Chief Justice D Y Chandrachud, leading a five-judge constitution bench, acknowledged that the amendment process would necessitate consultations with various stakeholders, which would take time.
“We direct the Union to pursue the exercise with utmost expedition. Since consultation with 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 that the Union proposes to take should be placed before this court,” stated the bench, also comprising Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal, and Manoj Misra.
At the outset, Attorney General R Venkataramani presented a note from the Centre, emphasizing that the Union Government was considering a broader perspective rather than piecemeal amendments to address the issue. The top law officer urged the bench to adjourn the proceedings indefinitely. However, the apex court declined the request, affirming that the matter would be heard on January 17.
The court clarified that during the pendency of the matter, the judgment in the Mukund Dewangan case would remain in force. Previously, the apex court had queried the Union government on whether a change in law was necessary regarding the legal question of whether a person with a driving license for a light motor vehicle could legally operate a transport vehicle of a specific weight.
Characterizing these issues as policy matters affecting the livelihoods of thousands, the bench asserted that the government needed to take a “fresh look” at the matter, emphasizing the need for a policy-level approach. The top court had earlier sought the assistance of Attorney General R Venkataramani in addressing the legal question about whether a person holding a driving license for a light motor vehicle is entitled to legally drive a transport vehicle of a particular weight.
The constitution bench had emphasized the importance of understanding the Ministry of Road Transport and Highways’ position, especially after it was argued that the apex court’s 2017 verdict in the Mukund Dewangan case was accepted by the Centre, leading to amendments in the rules to align them with the judgment.
In the Mukund Dewangan case, a three-judge bench of the top court had ruled that transport vehicles with a gross weight not exceeding 7,500 kg were not excluded from the definition of LMV. The apex court acknowledged the potential impact on numerous drivers across the country working based on the Dewangan judgment, characterizing the issue as a statutory rather than constitutional one.
The constitution bench is grappling with the legal question: “Whether a person holding a driving license in respect of ‘light motor vehicle’ could, on the strength of that license, be entitled to drive a ‘transport vehicle of light motor vehicle class’ having unladen weight not exceeding 7,500 kg.” The hearing is scheduled for January 17, 2024.
This legal question has triggered disputes over insurance claims in accidents involving transport vehicles driven by individuals with licenses for LMVs. The Motor Vehicle Act outlines different regimes for granting driving licenses for various vehicle categories. Referred to a larger bench on March 8, 2022, by a three-judge bench headed by the now-retired Justice U U Lalit, the matter necessitates a revisit due to certain provisions of the law not being considered in the Mukund Dewangan judgment.
