Commercial Licence no Longer Needed to Drive Taxis, Auto-rickshaws

Agencies
April 19, 2018

New Delhi, Apr 19: A special commercial licence would no longer be required for driving taxis, three-wheelers, e-rickshaws and two-wheelers (food delivery) as the government has allowed commercial drivers in these categories to use their personal driving licence.  A commercial driving licence will remain mandatory for driving heavy vehicles like truck and buses.

The road and transport ministry, headed by Nitin Gadkari, issued a notification to his effect. It informed the state governments on Monday through the notification to follow this norm, in accordance with the Supreme Court order. The intent of the move was to provide employment opportunities.

Aspirants of commercial licences had to wait for at least a year to acquire the document. There was corruption involved in getting a licence.

However, there is a concern that the decision would mean more commercial vehicles plying on road, which would result in more congestion. However, experts say that passenger commercial vehicles will decrease personal vehicles, which will counterbalance the negative impact.

Transport minister Nitin Gadkari is considered one of the most performing ministers in the government. In his tenure, he introduced several measures to improve road travel, which includes rapid expansion of roads and doing away with archaic laws. Recently, he proposed a new rule which would make it mandatory to dispose of vehicles that are more than 20 years old.

“Old commercial vehicles are responsible for 65 per cent of the vehicular pollution. The policy to scrap these has got nod at a Secretary-level meeting at the PMO. Now stakeholders consultation will be done in a fortnight and it will go to the Cabinet in about a month’s time,” Road Transport, Highways, Shipping, Water Resources and Ganga Rejuvenation Minister Nitin Gadkari said news agency in an interview.

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News Network
November 19,2024

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 14,2024

Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar on Thursday backed Chief Minister Siddaramaiah over his claim that the BJP had offered Rs 50 crore each to 50 Congress MLAs in an attempt to "topple" the state government.

Addressing reporters here, Shivakumar, also the Congress state president, said, “The BJP indeed lured 50 Congress MLAs with Rs 50 crore each.”

He defended Siddaramaiah’s statement and said the Congress MLAs were briefed about the BJP’s alleged 'Operation Lotus', a term used to describe the BJP's attempts to destabilise ruling governments through horse-trading.

“Some of our MLAs informed the Chief Minister about this matter, and he, in turn, shared it with the media,” Shivakumar said.

At an event in Mysuru, Siddaramaiah reiterated the claim that "none of the Congress MLAs had accepted the offer".

He also accused the BJP of filing false cases against him in a bid to "remove him and overthrow his government".

The BJP has yet to respond to the allegations.

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