Marathi proficiency row: Law vs politics as driver rule faces legal hurdle

Auto and taxi drivers in Maharashtra, particularly migrants from other states, are protesting after state Transport Minister Pratap Sarnaik announced that drivers would have to demonstrate Marathi language skills from May 1.

Under the proposed verification drive, all licenced taxi and auto-rickshaw drivers in Maharashtra will be required to show an ability to read and write Marathi at 59 regional and sub-regional transport offices across the state. The move has reignited the debate around language politics and triggered concerns among transport workers.

Driver unions have described the plan as harassment of migrant workers and warned of statewide protests if the tests are conducted and penalties imposed. The Maharashtra government, however, maintains that it is only enforcing a rule that has existed for years.

The larger question, however, is whether such a mandate is legally enforceable.

MOTOR VEHICLES ACT AND RULES

The Motor Vehicles Act, 1988, is a central law that governs the eligibility criteria for obtaining a driving licence in India. The Central Motor Vehicles Rules require applicants seeking a licence to drive a transport vehicle to have at least a Class 8 pass certificate.

A “transport vehicle” includes public service vehicles, goods carriers, educational institution buses and private service vehicles. Public service vehicles include autos, taxis, buses, coaches and ambulances used to transport passengers for hire or reward.

While the central law lays down broad eligibility criteria, it also allows states to frame additional rules, provided they do not conflict with central provisions. Section 28 of the Motor Vehicles Act empowers states to create rules governing the issuance of badges to transport vehicle drivers.

MAHARASHTRA RULE AND THE LEGAL CATCH

In Maharashtra, this authority is reflected in Rule 24 of the Maharashtra Motor Vehicles Rules, which deals with badges for drivers of public service vehicles.

Under Rule 24, badges for public transport vehicle drivers, except motor cabs, can be issued only if applicants satisfy two conditions:

1. Topographical knowledge of the area of operation

2. Working knowledge of Marathi and one other commonly spoken language in the area

This provision allows transport authorities to deny or revoke a driver’s badge if the language requirement is not met.

However, a significant legal hurdle remains.

In 2017, the Bombay High Court, while hearing the Shivpujan Kumar vs State of Maharashtra case, examined petitions challenging the Marathi language requirement for auto-rickshaw and taxi permits.

The court ruled that auto-rickshaws fall within the definition of “motor cabs” under Section 2(25) of the Motor Vehicles Act. Since motor cabs are specifically exempt under Rule 24, the Marathi language requirement cannot be imposed on auto-rickshaw drivers.

A two-judge bench of the High Court observed that auto-rickshaws are covered under the category of motor cabs, making Rule 24 inapplicable to them.

“Motor cabs” have been specifically excluded from Rule 24. Therefore, the court held that authorities could not impose Marathi proficiency as an eligibility condition for auto-rickshaw permits.

The ruling presents a legal complication for the Maharashtra government if it attempts to enforce the language test from May 1.

MAHARASHTRA GOVERNMENT MOVES TO AMEND RULES

The Maharashtra government has now begun steps to formally amend the rules. On Thursday, the Maharashtra Transport Commissioner submitted a proposal to the Home Department seeking approval for a draft notification to amend Rules 4, 78 and 85 of the Maharashtra Motor Vehicles Rules, 1989.

The proposed changes aim to make “working knowledge” of Marathi mandatory for drivers operating public service vehicles.

If approved, licensing authorities would be empowered to assess an applicant’s Marathi proficiency alongside character verification and background checks before granting permission to operate transport vehicles.

The proposal also seeks to make Marathi language proficiency compulsory for drivers of meter-based taxis and auto-rickshaws during licence issuance and renewal.

Officials said that once the department grants approval, a draft notification may be issued for public consultation for 30 days.

However, until the rules are formally amended, any attempt to enforce the May 1 deadline may face legal scrutiny.

KARNATAKA SEES SIMILAR DEMANDS

Maharashtra's announcement of a language proficiency test for drivers has also sparked similar demands in Karnataka.

The Karnataka Congress and the Karnataka Rakshana Vedike (KRV) have urged the state government to consider local language proficiency as a requirement for granting driver badges.

At present, Karnataka’s Motor Vehicles Rules require conductors of public service vehicles to possess a working knowledge of the local language, but no such rule exists for drivers.

Despite the absence of a formal requirement, pro-Kannada groups have frequently pushed for stricter enforcement against non-Kannada-speaking drivers.

Aravindaksha DR, state organisation secretary of the Karnataka Drivers Association, said there have been instances where non-Kannada-speaking drivers were detained and their badges cancelled.

He argued that since a Class 8 qualification is required for a driving licence, many applicants would have studied Kannada in school.

“For a learner’s licence, authorities often ask whether the applicant has basic Kannada language skills at the RTO. Earlier, licences were issued more freely to non-Kannadigas. There have also been cases where non-Kannada-speaking drivers working with app-based platforms faced action,” he said.

LEGAL LIMITS AND POLITICAL REALITY

Legal experts point out that the Motor Vehicles Act does not explicitly allow states to impose language requirements for obtaining a driving licence.

Advocate Chandan Malik, who has handled transport and motor vehicle cases in Delhi, Uttar Pradesh and Punjab, said the central rules only prescribe a minimum educational qualification.

“The Central Motor Vehicles Rules mention specific eligibility criteria, but they do not mandate local language proficiency. Maharashtra may be trying to justify the move as a communication tool for passengers, but there is also a political argument linked to local identity and employment,” Malik said.

It remains to be seen how this language issue will be resolved and how the Maharashtra government will be able to circumvent the definitions under the MV Rules.

- Ends