The Union Government of India has issued an advisory to all states and union territories of the country to comply with the Motor Vehicle Amendment Act 2019 (MVAA 2019) which was implemented in the month of September last year. Many states have been opposing the amendment stating that the abrupt increase in fines is not justified. This has led to extensive retaliation from the public.
- The centre made an amendment in the Motor Vehicle Act which resulted in a steep rise of fines to ensure better compliance of traffic norms and to reduce the violations in order to increase road safety. You can click here to find out about the MVAA 2019 amendment in details.
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- But due to some state governments resisting the implementation, the central government had to seek legal advice from the Ministry of Law and Justice. Attorney General of India, KK Venugopal stated, “The Motor Vehicles Act, 1988 (as amended by the Motor Vehicles (Amendment) Act, 2019) is a Parliamentary legislation, the state governments cannot pass any law/take executive action to lower the penalty/fine below that prescribed under the statutory provisions of the Motor Vehicles Act unless the assent of the President is obtained to such state law.”
- The central government also stated that there will be grave consequences if the states fail to implement the regulations. KK Venugopal also stated, “The next question that arises is as to the powers of the Union of India in case of the failure of the state governments to implement the amending act in accordance with its own terms. Reference for this purpose may be made to Article 256, which authorises the Union of India to issue directions to a state as may be necessary for that purpose. The disobedience of these directions could well attract the provisions of Article 356 of the constitution of India, and one could, therefore, proceed on the basis that the central laws would implicitly be obeyed by the state governments.”
What’s your view? Is the Motor Vehicles Act failing? There are reasons to say so!
After all the legal advice and centre-issued advisory, let’s see whether the state governments will implement the MVAA 2019 or not.
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