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Civil Law

Section 215B of MV Act

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 23-May-2025

Rajaseekaran v. Union of India and Ors.

“The Government of India has filed an affidavit seeking time of 09 months to constitute the National Road Safety Board. We fail to understand why the Government of India needs such a long time to implement Section 215B of the Motor Vehicles Act, 1988. We grant time of 06 months from today to the Government of India to ensure that the National Road Safety Board is constituted. No further time shall be granted.” 

Justice Abhay Oka and Justice Ujjal Bhuyan

Source: Supreme Court  

Why in News? 

Recently, the bench of Justice Abhay Oka and Justice Ujjal Bhuyan directed the Central Government to constitute the National Road Safety Board within six months, as mandated under Section 215B of the Motor Vehicles Act, 1988, with no further extension. 

  • The Supreme Court held this in the matter of S. Rajaseekaran v. Union of India and Ors. (2025). 

What was the Background of S. Rajaseekaran v. Union of India and Ors. (2025) Case? 

  • The present application raises critical issues concerning pedestrian safety and the implementation of statutory provisions under the Motor Vehicles Act, 1988.  
  • The applicant has highlighted the fundamental necessity of proper footways and footpaths for citizens, emphasising that such infrastructure must be accessible and usable by persons with disabilities.  
  • The matter particularly concerns the mandatory removal of encroachments on footpaths to ensure unobstructed pedestrian movement. 
  • Section 215B of the Motor Vehicles Act, 1988 mandates the constitution of a National Road Safety Board with specific functions and duties. The Board is required to advise the Central Government and State Governments on various aspects related to road safety and traffic management.  
  • These functions include establishing standards for vehicle design, weight, construction, manufacturing processes, operation, and maintenance of motor vehicles and safety equipment. 
  • The Board's responsibilities extend to advising on registration and licensing of motor vehicles, formulation of standards for road safety, road infrastructure, and traffic control systems.  
  • Additionally, the Board must facilitate safe and sustainable use of the road transport ecosystem and promote new vehicle technology for enhanced safety.  
  • The legislation also mandates the Board to focus on safety of vulnerable road users and implement programmes for educating and sensitizing drivers and other road users. 
  • Despite the statutory mandate, the National Road Safety Board has remained merely a paper entity without proper constitution through appointment of Chairperson and Members. 
  • The Amicus Curiae brought to the Court's attention that this Board, carrying important functions and duties, existed only in theory without practical implementation.  
  • This situation has prevented the Board from fulfilling its statutory obligations and providing necessary recommendations for road safety improvements across the country. 

What were the Court’s Observations? 

  • The Supreme Court expressed its inability to comprehend why the Government of India required an extended period of nine months to implement a statutory provision that has been pending for a considerable time.  
  • The Court noted that the Government had filed an affidavit seeking nine months for constituting the National Road Safety Board, which the Court found unreasonable given the importance and urgency of road safety matters. 
  • The Court emphasised that before any recommendations of the Board could be implemented, the Board must be properly constituted with appropriate appointments of Chairperson and Members.  
  • The Court recognised that the delay in constitution of the Board was hindering the effective implementation of road safety measures across the nation. The bench observed that road safety is a matter of utmost public importance that cannot be delayed indefinitely due to administrative inaction. 
  • The Court granted a reduced timeframe of six months from the date of the order for the Government of India to ensure constitution of the National Road Safety Board. 
  • The Court made it explicitly clear that no further extension of time would be granted under any circumstances, indicating the Court's firm stance on this matter. The Court also directed that compliance reports should be filed to monitor the progress of implementation. 
  • The Court scheduled the matter for listing on 1st August 2025, to review the progress made by the Government in constituting the Board.  
  • The Court recorded appreciation for the assistance rendered by the Amicus Curiae and other legal representatives in bringing this important matter to judicial attention. 

What is National Road Safety Board (Section 215B of MV Act) ? 

  • Section 215B of the Motor Vehicles (Amendment) Act, 2019 is a legal provision that establishes the National Road Safety Board as a statutory body in India. 
  • Legal Framework of Section 215B: 
    • The section provides the constitutional foundation and mandate for the National Road Safety Board, empowering it to serve as an advisory body to both Central and State Governments on comprehensive road safety matters. 
  • Statutory Functions under Section 215B: 
    • The Board is legally mandated to advise on eight core areas: 
      • Vehicle Standards and Safety Equipment - Standards for design, weight, construction, manufacturing processes, operation and maintenance of motor vehicles and safety equipment 
      • Registration and Licensing Framework - Oversight of motor vehicle registration and licensing systems 
      • Road Safety and Infrastructure Standards - Formulation of standards for road safety, road infrastructure and traffic control mechanisms 
      • Sustainable Transport Ecosystem - Facilitation of safe and sustainable utilization of road transport systems 
      • Technology Promotion - Advancement of new vehicle technologies for enhanced safety 
      • Vulnerable Road User Protection - Specific focus on safety measures for pedestrians, cyclists and other vulnerable road users 
      • Education and Awareness Programs - Development of driver education and road user sensitization programs 
      • Prescribed Functions - Additional functions as may be prescribed by the Central Government 
  • Legal Implementation: 
    • The section was operationalized through notification dated 3rd September 2021, when the Ministry of Road Transport and Highways constituted the Board along with its governing Rules.  
    • These Rules provide the Board with authority to establish Technical Working Groups as necessary for effective functioning. 
  • Legal Significance: 
    • Section 215B represents a shift toward centralized, expert-driven road safety governance, creating a statutory framework for evidence-based policy formulation and standardization of road safety practices across India's federal structure.