Motor Vehicles Act: Section 108 – Certain powers of State Government exercisable by the Central Government

The powers conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exercisable only by the Central Government in relation to an inter-State route or area.

Simplified Explanation

Section 108 of the Motor Vehicles Act provides a mechanism through which the Central Government can exercise certain powers that are normally assigned to State Governments. This provision ensures that, in specific cases, the Central Government can take over certain responsibilities or powers related to road transport management and regulation if it is in the broader national interest.

Key Aspects of Section 108

  • Power Transfer to the Central Government:
    • Normally, the State Governments are responsible for formulating and implementing rules regarding road transport, vehicle operations, and other provisions under the Motor Vehicles Act within their jurisdictions.
    • However, Section 108 allows the Central Government to step in and exercise these powers in certain situations where a more unified or national approach is required.
  • Reasons for Central Government Intervention:
    • National Importance: If a situation affects multiple states or has broader national implications (such as interstate transport, national highways, or transportation security), the Central Government may assume authority to ensure consistency across the country.
    • Coordination and Uniformity: When coordination between states is necessary (for example, for policies on interstate transport routes or environmental regulations), the Central Government can take control to avoid inconsistencies between states.
    • Public Interest: In cases where the Central Government deems it necessary to protect public interest or address national-level concerns, it may exercise powers normally assigned to the state.
  • Scope of Powers:
    • The Central Government can make decisions on specific matters, such as:
      • Issuance or regulation of transport permits that impact more than one state (e.g., interstate transport permits).
      • Enforcing road safety measures or vehicle standards that are important for national security, public safety, or environmental protection.
      • Coordinating transportation policies that involve national highways, border areas, or interstate trade.
    • These powers may also extend to areas like vehicle registration, driver licensing, and pollution control if there is a need for consistent national regulations.

When the Central Government Can Act

  • Exceptional Circumstances:
    • The Central Government generally exercises these powers in exceptional cases or when there is a need for national coordination. Routine matters are still handled by the State Governments unless intervention is necessary.
  • Temporary or Permanent:
    • The Central Government’s exercise of state-level powers can be temporary, such as in emergency situations, or permanent, if it involves long-term policies affecting multiple states.

Impact on Stakeholders

  • For the Central Government:
    • This section provides the Central Government with the flexibility to act when national-level consistency is required, such as for large infrastructure projects, transportation safety, or security concerns that span across state boundaries.
  • For State Governments:
    • State Governments normally handle transportation matters locally, but Section 108 allows for a unified national response when necessary. State governments may be consulted, but the Central Government will have final authority in the specific areas where it exercises power.
  • For Transport Operators and the Public:
    • Transport operators who operate across multiple states or on national highways benefit from uniform policies created by the Central Government, which help avoid conflicting state regulations.
    • The public benefits from improved safety, efficiency, and consistency in transportation systems, particularly for interstate travel and national infrastructure projects.

Example of Application

If the Central Government wants to implement a nationwide policy on electric vehicle charging stations along all major national highways, it can use its powers under Section 108 to override state-specific rules that might conflict with the national policy. This ensures a uniform approach to setting up charging infrastructure, benefiting both operators and the public.

In summary, Section 108 of the Motor Vehicles Act allows the Central Government to exercise powers that are typically reserved for State Governments in specific situations. This ensures national coordination and consistency in road transport policies, particularly for issues of national importance, public safety, or matters involving multiple states.

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