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there's a note...

paragraph 11 is set out there.

during the pendency of this reference, the judgment of the three-judge bench in mukund dewangan, shall continue to hold the field, and all courts, tribunals, and authorities shall therefore act on that basis.

this order may be communicated to the state governments also.

a copy of this order shall be communicated to the chief secretaries of all the states, or as the case maybe, the union territories, for further dispatch to the competent arms of the states/uts.

would your lordships, only clarify this, that unless there is a clear roadmap, your lordship would proceed to hear the matter then.

now, we have said that they'll...

we have said that they'll give us...

we can't compel them to amend, but we have now virtually said that, look, give us a roadmap.

in fact ultimately, my lord, in january they may very well come and say, we don't think any amendment is required.

we don't know what they will do.

i don't think that will happen.

we are inclined to take this view for the following reason.

i don't think that, because they also realize that there are inferences to...

no, no, no. in fact, i am getting periodic reports from the ministry that, we are continuing dialogue.

i'm looking into it myself.

enactment of so and so has been rapid evolution of transport sector, particularly in the last few years with the emergence of new infrastructure.

new arrangements are putting into place, private transport arrangements.

interpretation must now duty take into account valid concerns of road safety bearing in the safety uses.

and any change in position of law, expressed in mukund, would undoubtedly have an impact on persons who obtained insurance relying on the law declared by this court and obey driving commercial vehicles with lmv licenses.

a large number of persons who depend on this sector for earning their livelihood.

the position in mukund has held the field for nearly six years, and the impact of the reverse resolution at this stage, particularly in the social sector, is a facet, which would have to be placed in balance with the policy of the government.

having regard to this feature, the review that the issue of interpretation referred to the constitution bench with the referral order dated so and so, should await a careful evaluation of the policy consideration, which may weigh with the government in deciding us whether the reversal decisions if obtained in so and so is warranted.

and so, the way forward adopted bearing in mind the diverging interests, some of which we noted in earlier part of the order.

yes, let's have a quick...

hence in view of the consequences which may arise by reversal, it would be appropriate the entire matter is revaluated with the government before this court embarks upon interpretive exercise.

once the court is apprised with the considered view, then the government, the proceeding before the constitution bench can be taken up.

this ministry has come in the exercise, the amendment of motor vehicles act by section 2(21) and section 10 of the said act are among the provisions sought to be evaluated.

this ministry has identified many provisions from the mv act, which may require evaluation, including the said particular section.

the entire process of amendment to the motor vehicles act entails continuous consultation with the stakeholders, especially the states, considering the fact the motor vehicles are vehicles mentioned under list 2 and list 3 of constitution of india in the vii schedule.

list 2 states in so and so, serial number 57.

then list 3 states in serial numbers so and so, etc. the views of the stakeholders are necessary for them to be incorporated in the tart language of the proposed amendment.

to embark upon the process of amendment, the ministry will be examining the possible repercussions of the amendment of certain provisions in the other provisions for the motor vehicles act and rules framed thereunder, to the state's exchequer and to the general public.

ministry has conducted a number of internal discussions, deliberated over the issues involved in the present matter, in due deference and in furtherance of the orders dated so and so.

discussions entailed, examination of the issues and the potential solution thereof with the office of various divisions, sections of this ministry.

a note has been uploaded for us on the screen.

on 20/10, ministry conducted a round of consultations with the stakeholders in the identified provisions, including the department of financial services, general insurance council and insurance regulatory development authority.

[unclear] ministry held another round of consultations with the stakeholders to identify provisions containing some matters specified to the states and union territories.

in the process of seeking written inputs and comments from the stakeholders such as states and union territories and all the identified provisions, including section 2(21) and section 10.

in order to thoroughly examine and evaluate the considerations that are mentioned by the hon'ble supreme court in paragraph number so and so, it is required to continue having the consultations with stakeholders and executing authorities.

said consultation is necessary for the ministry to thoroughly comprehend and evaluate.

the issues entailed therein are the implementation so and so comes under the purview of state transport department, concerned state etc., etc. then, it will be pertinent to know that for the purpose of amendment, section 2(21) ministry ought to inter alia examine, deliberate the following consideration, in addition to the ones mentioned in paragraph number 1.

namely, inter alia section 7, 8, 9,10, 183 of the motor vehicles act ought to be examined for the possible repercussion of an amendment to section 2(21).

inter alia form 2, under rules so and so, so and so, form 8, under so and so, et cetera may require an appropriate amendment to align with the amended section 2(21) and 10.

the potential impact of the amendments to road safety which inter alia entails, examines the qualification of the drivers, effect on road accidents, re-evaluation of the safety standards of a light motor vehicle, re-evaluation of training material for transport vehicles, etc. the above considerations ought to be deliberated upon by the state and other stakeholders.

exhaustive consultations with the state, the ministry shall be in a position to appraise the honourable court with respect to the subject matter in the present petition.

after a series of discussions with the government on the many provisions of the act which may require a relook and we have also appended it in this note.

therefore, i want to request to adjourn the present proceedings sine die.

in fact, i had a series of discussions with the government and...

rule...

section 2(21) and 10 has come up for very internal, intensified discussion.

therefore, the government thought that instead of going in a piecemeal amendment, let us take a larger view of the picture.

that's where the matter stands.

in fact, i will impress upon the ministry to conclude all this before the next budget session, sometime in february.

but we have something on hand, and the matter goes...

subject to hearing, of course, of the learned counsel.

yeah, yeah.

let's have a quick glance at the note so that then we can...

and we are not concluded.

if necessary, we'll hear you.

but if you all agree, we can pass this.

we'll take on record your (ii) in our order.

we'll just say that this is the exercise which the government of india is carrying out in pursuance of our order.

we're not inclined to adjourn the proceedings sine die.

your lordships, it may not be sine die.

it may not be fair to the insurance companies also, because they want some resolution at some point of time.

i agree.

so we can't tell them that look… and because we are insisting and that's the position of law, that until the constitution bench decides the issue, mukund dewangan continues to hold the field.

as your lordship pleases.

therefore, all tribunals implied their liability to pay, is governed by mukund dewangan.

so, they must also have some clarity.

so what we'll do is on the 17th of january, we have listed the arbitration act constitution bench hearing, a similar thing, they were amending the act, etc. so we'll keep it on the 17 of january.

fair enough.

we will expect that now, the ministry must follow, whatever it is doing, with all expedition.

the only concern is about consultation with the state governments.

how...

how...

how long will it take?

how expeditious they can… two weeks.

so, the first part of the note is about your lordship's order.

you have to tell the state governments, you know, come back in two weeks.

because you know, if we keep this you know, sine die, then march, then april, then it goes to next year, you know, i mean, we...

the your lordship has heard it substantially, all that time will go to waste.

exactly, you know.

the longer the time that elapses, we will be ourselves a little hazier with… you know...

your lordships, you’re now giving two months for all these states consultations or more?

not at all.

the states just don't come on table for discussion… before the [unclear] the interests they would like to protect, and so many invisible hands behind… mr sud, would appreciate the exercise that you have envisaged in the note.

in order to carry out, you may take two years also, and you may say that consultation is going on, response from a particular state a, state b has not come.

so therefore, unless we have a kind of a… i entirely agree with that.

i think it's...

i'm not saying that it should… if the government pushes, if the union government pushes, i'm sure the responses will come quicker.

and if the governments...

state governments and the union government are also conscious of the fact that the matter is going to come in a little while, then perhaps things may move a little quicker.

i will welcome, your lordships making an observation.

i hope in this exercise, state governments would also… you know...

i think that also… … be able to… so that all the stakeholders will...

will engage in expedition.

that's a good idea in pursuance of the order of this court… in pursuance of the order dated 13th september, 2023, the ministry of road, the union ministry of road transport and highways, has informed the court through the learned attorney general for india, that the exercise of amending the motor vehicles act, 1988, including the provisions of section 2(21), and section 10 'is sought to be evaluated'.

the exercise which has been carried out thus far by the union government, is set out, in the note which has be tendered by the attorney general, which is extracted below: we are not inclined to accede to the request made by the union government for adjourning the proceedings sine die.