Supreme Court Urges Central Government to Reevaluate Policy Permitting LMV License Holders to Operate Transport Vehicles Up to 7,500 KG
In a recent development, the Supreme Court, led by a Constitution Bench comprising Chief Justice of India (CJI) DY Chandrachud, Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, has called upon the Central Government to reconsider its policy. This policy currently allows Light Motor Vehicle (LMV) license holders to drive transport vehicles weighing up to 7,500 kg.
The Bench emphasized that any legal interpretation must prioritize the valid concerns related to road safety and the well-being of public transport users. They highlighted the swift progression in the transport sector, driven by advancements in both the commercial and private transport domains.
The Court stated,
“It would be necessary for this Court to have a fresh look at the matter by the Ministry of Road Transport and Highways…Decision in this case must await policy considerations and if a change in law is needed and to mull over the way ahead…we hold that the matter needs to be taken up at policy level by the government and once the government informs its stand to the Court, the hearing in the Constitution Bench will thereafter be taken up. We request the Union to wrap up the exercise within 2 months and apprise the court. We have expressed nothing on the merits of the referral order.”
The Bench had previously sought insights from the Central government on this matter and had also requested the assistance of Attorney General R Venkataramani.
During the latest hearing, the Bench pointed out that any alterations to the policy, as outlined in the Devangan decision, would have significant repercussions. They noted,
“The decision in the Devangan case has held the field for 6 years and the impact of reversal of this decision on the social sector would have to be placed in balance by the policy arm of the government, and any change in position of law as in Devangan would have impact on ones who have taken insurance and who may be driving commercial vehicles along with LMV and a large number must be dependent on this sector to earn their livelihood. All these concerns raise important issues of policy, and thus must be assessed by the Centre if a change in law is warranted.”
Justice Roy, during the hearing, highlighted the vast number of individuals already operating commercial vehicles under the current policy. He remarked,
“Look at the livelihood issue. Look at the absolving of responsibility. For the country, these implications should have a consideration.”
This call for a policy review underscores the need to strike a balance between road safety, public interest, and the livelihoods of those dependent on the transport sector.
