The Supreme Court has called upon the Central Government to reevaluate its policy regarding whether individuals holding driving licenses for cars and motorcycles should be permitted to operate transport and goods vehicles. The court emphasized the importance of balancing road safety with the livelihood of drivers and suggested that the government needs to address this matter at a policy level.
A Constitution bench led by Chief Justice of India DY Chandrachud made these remarks, asserting that the court cannot make decisions on social policy issues and that it is the responsibility of Parliament to assess the impact of the law's implementation over the past six years.
Representatives of the Central and Ministry of Road and Transport, Attorney General R Venkatramani and Solicitor General Tushar Mehta, informed the bench that discussions on the matter were ongoing. They requested additional time to reach a conclusion.
In accordance with the Centre's request, the bench granted a two-month extension for the completion of this review process. The order stated that the court will revisit the case after the Ministry of Road Transport and Highways completes its review and the government communicates its stance.
The case revolves around the question of whether an individual possessing a license for light motor vehicles can legally operate a transport vehicle of the same class, provided it weighs no more than 7,500 kg when unladen. This issue was referred to the Constitution bench due to varying criteria for issuing driving licenses under the Motor Vehicles Act.
The bench is also considering whether any modifications should be made following the Mukund Devangan case judgment, which categorized transport vehicles weighing less than 7,500 kg as light motor vehicles.
Chief Justice Chandrachud remarked, "We believe that the government should contemplate whether Devangan should continue. We are not ruling out the reference's impact if the government tells us to determine whether Devangan is correct or not and that it does not wish to take any action."
"The Devangan case's decision has been in effect for six years, and reversing this decision's impact on the social sector must be carefully assessed by the government's policy arm. Any change in the legal position, as in the Devangan case, will have an impact on those who have obtained insurance and may be driving commercial vehicles alongside light motor vehicles. A large number of people may be dependent on this sector for their livelihood. All of these concerns raise important policy issues that must be evaluated by the Central Government if a change in the law is warranted," added Chief Justice Chandrachud.
Justice Hrishikesh Roy, a member of the bench, also highlighted the far-reaching consequences of this policy change. Observing the significant number of individuals already driving commercial vehicles, he emphasized the need for the government to exercise careful consideration and decision-making in this matter.
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