The Supreme Court of India today adjourned the Constitution Bench hearing on the contentious issue of whether an individual holding a driving license for a "light motor vehicle" should be entitled to operate a "transport vehicle of light motor vehicle class" with an unladen weight not exceeding 7500 kg. The adjournment, until April 16, has been granted to allow the Union Government time to formulate a comprehensive policy framework regarding the matter.

The legal conundrum, which has been under scrutiny by the apex court, revolves around the interpretation of the Motor Vehicles Act of 1988. Specifically, the question is whether a person possessing a driving license for a "light motor vehicle" should automatically have the right to drive a "transport vehicle of light motor vehicle class" with certain weight specifications. The issue gains prominence as it holds potential implications for the livelihoods of millions of transport vehicle drivers across the nation.

The court had previously directed the Union Government to evaluate the matter and consider amendments to the existing Motor Vehicles Act to prevent any adverse impact on the livelihoods of the drivers. In response to this directive, Attorney General of India, R Venkataramani, informed the court that deliberations were underway with state governments to explore possible policy changes.

Acknowledging the ongoing discussions, the Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra decided to give the government time to resolve the matter at the policy level. The bench emphasized that if the issue remains unresolved, they will proceed to hear the case on its merits. Chief Justice DY Chandrachud clarified, "Actually it's a part-heard matter, we have heard substantially now. We will give the government time to resolve the matter, if it is not resolved then we will hear the matter. We will lay down the law."

This legal saga traces back to the judgment in Mukund Dewangan v. Oriental Insurance Company Limited (2017), where a 3-judge Bench held that a separate endorsement on the "Light Motor Vehicle" driving license was not necessary to drive a transport vehicle with an unladen weight below 7500 kgs. However, in 2022, a coordinate bench expressed doubts about this dictum, leading to the matter being referred to a 5-judge bench.

During the hearings, the bench has underlined the importance of considering the impact on people's livelihoods. Justice Hrishikesh Roy emphasized the need for rules and regulations to account for the consequences on individuals' means of earning a living. Chief Justice DY Chandrachud reiterated this point, highlighting the potential impact on the livelihoods of thousands of commercial vehicle operators nationwide, as seen in the Mukund Dewangan judgment.

Case: M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI & ORS,

Civil Appeal No(s).841/2018.