The Supreme Court on Wednesday asked the Central government to frame laws on the issue of allowing a person holding a driving license for light motor vehicles (LMV) being entitled to drive a unladen transport vehicle upto 7,500 kg in weight by April.
A five judge Constitution bench led by Chief Justice of India DY Chandrachud was informed by AG Venkataramani that discussion on the matter was underway. Subsequently, the Constitution Bench allowed some more time to the Central government and asked them to formulate laws on the matter. Earlier in September, the bench had ordered the Ministry of Road, Transport and Highways to revisit the law.
The Constitution Bench asked the Centre to complete the exercise by two months. The Bench remarked that it is necessary for the apex court to have a re-look of the matter by the Ministry of Road Transport and Highways. It added that in view of the far-reaching implications that may arise, the matter needs to be taken up at policy level. It further noted that the Constitution Bench will continue its hearing once they have heard back from the government.
The Bench also comprising Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Mishra told AG Venkataramani that if the issue is not resolved, proceedings shall be listed on April 23 for hearing. The Court also ordered that when a decision is finalised on the amendments to the Motor Vehicle Act, a copy of the same should be submitted to the court and the parties to the proceedings a week before the next date of hearing.
Mentioning about the 2017 judgment of Mukund Dewangan vs Oriental Insurance Co. Ltd wherein it was held that transport vehicles, the gross weight of which did not exceed 7,500 kg, were not excluded from the definition of LMV, the bench said that if the Dewangan judgment is felt to be incorrect, government can bring in an amendment as lakhs of drivers across the country may be working on basis of the judgment.
The Bench underlined that the matter is not just a question of law, but also social impact of law. It noted that road safety has to be balanced with the social purpose of the law. The Court cannot decide issues of social policy in a Constitution Bench, it has to be done at a policy level, it added. Meanwhile, Solicitor General Tushar Mehta had informed the constitution bench that there were talks at the ministerial level to have a re-look at the law laid down in Dewangan.