LMV Driving License Issue : Supreme Court Defers Hearing Of 'Mukund Dewangan' Reference After AG Says Consultations Are Going On With States

The Supreme Court on Wednesday (January 17) adjourned till April the Constitution Bench hearing of the reference on the issue whether a person holding a driving licence in respect of a “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 7500 kg, gave time to the Union to crystalise the matter in terms of policy framework.

Earlier, the Court had asked the Union Government to evaluate the issue and consider amendments to the Motor Vehicles Act 1988 so that the there is no adverse impact on the livelihood of millions of transport vehicle drivers. Attorney General for India R Venkataramani informed the Court today that deliberations were going on with the State Governments regarding the possible policy changes.

Taking note of the AG's statement, the bench comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra posted the matter for directions on April 16. The bench clarified that it will proceed to hear the matter on merits if the issue is not resolved at the Government level.

“Actually it's a part-heard matter, we have heard substantially now. We had heard the other side.  We will give the govt. time to resolve the matter, if it is not resolved then we will hear the matter. We will lay down the law. Ultimately if the parliament wants to intervene it can always do so it is a statutory interpretation,” CJI said.

Previously in September 2023, when the matter came up for hearing, the bench deferred the same urging the Union Government to consider if the matter could be resolved through amendments to the Motor Vehicles Act 1988 and policy changes.

Background

The issue of whether a person holding a driving license in respect of a Light Motor Vehicle (LMV) could on the strength of that license drive a transport vehicle having an unladen weight not exceeding 7500 kgs was dealt with in the judgement Mukund Dewangan v. Oriental Insurance Company Limited (2017) 14 SCC 663. In this case, a 3-judge Bench comprising Justice Amitava Roy, Justice Arun Mishra, and Justice Sanjay Kishan Kaul held that a separate endorsement in the "Light Motor Vehicle" driving licence was not required to drive a transport vehicle having unladen weight below 7500 kgs. Thus, a person holding an LMV driving licence was entitled to drive a "transport vehicle of light motor vehicle class" having an unladen weight not exceeding 7500 kgs. In 2022, the dictum in Mukund Dewangan was doubted by a coordinate bench and the matter was referred to a 5-judge bench.

During a previous hearing hearing, Justice Hrishikesh Roy highlighted the importance of 'livelihood' and emphasized that any rules or regulations should factor in the impact on people's means of earning a living. Chief Justice of India DY Chandrachud further underscored this point, emphasizing the need to consider the consequences for people, especially given the potential impact on the livelihoods of thousands of individuals who operate commercial vehicles across the nation, as seen in the Mukul Dewangan judgment.

The CJI also stated that the decision in the Mukul Dewangan had held the field for over six years now and any change in the position of law would have a serious impact on many. He added–

"The Government can also take a call on what is the actual impact of the law on the ground over the last six years. If the consequences are such that it does not pose any danger to road safety and protects the right to livelihood etc. or you may have some modifications in the future – give some provision that in the next five years you must bring your license is in conformity. You may have a variety of options open to us which we as a court do not have open to us."

Ultimately, the court decided that it would be necessary for the Ministry of Road Transport and Highways to have a fresh look at the matter.

Case Details : M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI & ORS. | Civil Appeal No(s).841/2018

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