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Monday, April 28, 2014

S. Rajaseekaran Versus Union of India - Directions by the Supreme Court



In the last three posts (Part I, Part II and Part III), we discussed various data and statistics that the court came across while deciding the matter. In the present post, I will give the directions that were passed by the court.

The court said that to ensure the success of the process undertaken, constant supervision of the measures undertaken by the Central Government and the State Governments and the extent of affirmative action on part of the Union and the States will have to be measured and monitored by the Court from time to time.

The court also constituted a Committee to undertake the process of monitoring on behalf of the Court.

Composition of Committee

1. Chairperson - Hon’ble Justice K.S. Radhakrishnan Judge, Supreme Court of India.

2. Member - Mr. S. Sundar Distinguished Fellow, TERI Former Secretary, Ministry of Surface Transport, Government of India.

3. Member - Dr. (Mrs.) Nishi Mittal Ex. Chief Scientist, CRRI, Formerly HoD, Traffic Engineering and Safety (TES), Central Road Research Institute.

The court also said that all State Governments as well as different Ministries/Departments/Wings of the Central Government who are currently looking after the multi-dimensional issues pertaining to road safety will submit their first report to the Committee within three months indicating the state of implementation and enforcement of all laws pertaining to:

a. Licensing

b. Certification of fitness of vehicles;

c. Limits of use of vehicles i.e. passenger carrying capacity, weight carrying capacity etc.

d. Use of road safety devices

e. Adherence to norms including user of roads

f. Deployment of adequate manpower for enforcement of the existing provisions of law.


Finally, the court posted the matter for further consideration on the expiry of six months along with the reports as may be submitted in this regard. In the next post, I will end this series by posting my opinion on this judgment.

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