New Delhi, September 13
Terming it a policy matter impacting the livelihood of lakhs of people, the Supreme Court on Wednesday asked the Centre to take a “fresh look” at the legal regime for grant of driving licence for light motor vehicles.
A five-judge Constitution Bench led by Chief Justice of India DY Chandrachud asked the Centre to consider if a change in law was warranted. Any interpretation of the law must duly take into account valid concerns of road safety and the safety of other users of public transport, it added.
The Bench – which also included Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal and Justice Manoj Misra – was examining if a person holding a driving licence in respect of ‘light motor vehicle’ could on the strength of that licence, be entitled to drive a ‘transport vehicle of light motor vehicle class’ having unladen weight not exceeding 7,500 kg.
The top court – which had earlier sought the assistance of Attorney General R Venkataramani in deciding the matter—asked the Centre to complete the exercise in two months and apprise it about the decision taken. Once the government informs its stand to the court, the hearing in the constitution bench will be taken up thereafter, it added.
“There may be lakhs of drivers across the country who are working on the basis of Dewangan judgment. This is not a constitutional issue. It is purely a statutory issue,” it said.
“This is just not 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 said.
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