Jass Kaur Bindra
The amendment which was challenged in the motor vehicle act was that the power given to the Central Government to develop National Transportation Policy.
A petition was brought against this amendment in the motor vehicle act which was dismissed by the Supreme Court of India.
The petition was dismissed by the Supreme Court of India on Monday.
A bench comprising of two Judges of the apex court dealt the matter. The two judges are – Justice Uday Umesh Lalit and Justice Hrishikesh Roy.
The matter was dealt by the Supreme Court of India by means of video conferencing.
From the side of petitioner, it was advocate Rani Chhabra who appeared before the court.
Basically the petition got dismissed by the Supreme Court of India because Advocate on record Rani Chhabra herself just that she takes back the petition filed by her.
The honourable apex court stated, “The court grant permission that the writ petition is accordingly disposed of as withdrawn.”
Along with challenging the power of the Central Government in matters of national transportation policy the petition even challenged the new amendment which, ” Empowers the central government to make schemes for National multimodal and interstate transport of passengers and goods.”
Further the petition included the challenge to the amendment which was made to Section 67 of Motor Vehicles Act.
The section states, ” Power is authorised to the state government to modify and permit issues under this act or make schemes for transportation of goods and passengers and issue licence under such schemes for the promotion and development of efficiency in transportation.”
This amendment is violating on the tuck stones of the Constitution. The section violets Article 14, article 19 clause 1 clause g of the Constitution of India.
Article 14- “Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”.
Article 19(1)(g)- “Protection of certain rights regarding freedom of speech etc, All citizens shall have the right, to practise any profession, or to carry on any occupation, trade or business.”
This amendment imposes an unreasonable restriction in regards to the freedom of carrying business and thus it violates the constitution.
Although all these grounds were raised against the amendments which were made to the motor vehicle act but the petitioner withdrew the petition and as dismissal of petition took place.
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