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Supreme Court files notice to centre and states on installing speed governors in vehicles

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New Delhi: The Supreme Court on Friday sought responses from the central and state governments on a public interest suit challenging the April 15 government notification exempting some category of four-wheel passenger and transport vehicles from mandatorily installing speed governors.

The apex court bench of Justice Ranjan Gogoi and Justice N.V. Ramana issued a notice after the NGO Suraksha Foundation questioned the rationale for such an exemption for these passengers and commercial vehicles from installing speed governors, that is a mandatory requirement under the Central Motor Vehicles (Sixth Amendment) Rules.

Seeking response from the Centre, state governments, and the union territories, SC also sought reports on the enforcing of the provisions mandating the fitting of speed governors (speed controlling device) on the notified kind of passenger and transport vehicles under the Central Motor Vehicles (Sixth Amendment) Rules.

It gave them six weeks’ time to file the report.

The Central Motor Vehicles Rules, 1989, on Speed governors says that the transport vehicles as may be notified by the state government shall be fitted with a speed governor in such a manner that the speed governor can be sealed with an official seal in such a way that it cannot be removed or tampered with without the seal being broken.

The rules further say the speed governor of every transport vehicle shall be so set that the vehicle is incapable of being driven at a speed in excess of the maximum pre-set speed of the vehicle except down an incline.

Challenging the notification exempting the vehicles, the petitioner said it was these very exempted vehicles that were responsible for a large number of road accidents.

(Inputs from IANS)

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Supreme Court to hear Pleas challenging Article 35A after Diwali, which talks about Special Rights and privileges of Permanent Residents of Jammu and Kashmir

Article 35A talks about special rights and privileges given to only permanent residents of Jammu and Kashmir

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The Supreme Court of India
The Supreme Court of India. Wikimedia
  • The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled
  • In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution
  • The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state 

New Delhi (India), August 25, 2017: After Diwali, the Supreme Court of India will hear pleas which challenge the Article 35A, the article talks about special rights and privileges given to people who are permanent residents of Jammu and Kashmir.

Supposedly, the date decided for the hearing of pleas was August 29 but both the Centre and state government of Jammu and Kashmir wanted 4 weeks’ time in order to file their replies respectively, due to this reason the hearing has been postponed to a later date.

The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled.

The Supreme Court was earlier in favor of hearing the case by a constitution bench consisting of 5 judges if the Article 35A is ultra vires (beyond one’s legal power or authority) of the Indian Constitution or if there is any sort of procedural lapse (defective execution of work).

Also Read: Landmark Judgement: Right to Privacy Becomes Fundamental Right of India, Rules Supreme Court

The meaning of Article 35A as per Constitution is that the article gives the right to the state legislature of Jammu and Kashmir to call them permanent residents of that state and also give those (permanent residents) some special rights and privileges whereas by article 370 a special status is given to the state- Jammu and Kashmir.

In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution. According to ANI report, “It also empowers the state’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.” This is the kind of power that this Article holds.

This Article was dragged into controversy after a 2nd plea, was filed by a lawyer and former member of the National Commission for Women Charu Wali Khanna. In her plea, she challenged Article 35A of the Indian Constitution and also Section 6 (talks of permanent residents of the state) of the Jammu and Kashmir Constitution.

Also Read: Long pending injustice to Muslim Women! Supreme Court Hearing in India to Decide Validity of Muslim Divorce Practice “Triple Talaq”

The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state. This provision which leads the woman to lose rights over property is also applied to her son.


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