Kerala High Court Stays State Government Order Mandating Installation Of Surveillance Cameras On Private Buses

The Kerala High Court on Wednesday stayed the State government's order mandating the installation of security cameras in private buses. 

The Transport Commissioner had issued Orders, mandating all private stage carriers in the State to be fitted with functional surveillance cameras as a precondition for renewal of their Certificates of Fitness from November 1, 2023. 

Justice Dinesh Kumar Singh issued the afore interim order staying the same, on a plea moved by the Kerala Bus Transport Association challenging the orders issued by the State. The Bench has also sought the response of the State government and the Transport Commissioner on the matter. 

The petitioners averred that the power to frame rules regarding inbuilt safety equipments is exclusively vested on the Central Government as per Section 110 (1)(k) of the Motor Vehicles Act, 1988 ('MV Act, 1988'). On the other hand, the petitioners submitted that as per Section 111 of the MV Act, the State Government is only empowered to make rules regulating the construction, regulation, equipment, and maintenance of motor vehicles and trailers with respect to all matters other than those specified in Section 110(1) of the statute. 

"That is to say, even the 1st respondent (State Government) has no power or jurisdiction to insist on fixation of surveillance cameras, which is an inbuilt safety equipment, in stage carriages, in the absence of any rules framed by the Central Government," the plea states. 

The petitioners thereby submitted that the present orders were issued by the Transport Commissioner without any legal authority or jurisdiction. 

The petitioners further said that the Central Government had considered fitting surveillance cameras on all motor vehicles under the draft rules issued under Section 110(1)(k) of the Act, but later dropped the same before finalizing and notifying the Rules. 

The petitioners thus alleged that the Transport Commissioner was attempting to transgress the powers vested in him and occupy a field that is within the purview of the Central Government by issuing the impugned Order. 

It was on these grounds that the petitioners sought the impugned order issued by the Transport Commissioner to be quashed. 

The plea has been moved through Advocates P. Deepak and Nazrin Banu. 

Case Title: Kerala Bus Transport Association & Anr. v. State of Kerala & Anr. 

Case Number: W.P. (C) 37758/ 2023