Federal Roadblocks in Proposed Motor Vehicle Law

Comparative Constitutional Law and Administrative Law Quarterly, Vol. 2 Issue 3 (2015)

16 Pages Posted: 3 Dec 2016

See all articles by Nakul Nayak

Nakul Nayak

London School of Economics and Political Science

Akriti Gaur

National Law University Jodhpur (NLUJ), Faculty of Law, Students; Yale Law School; Yale Information Society Project

Date Written: December 2, 2016

Abstract

Road safety counts among those socio-legal issues that is oft neglected in theory and practice, yet seamlessly poses dangers to life and economy. To tackle this long standing menace, the Central Government has come up with ideas for a complete overhaul of the current road laws in India. However, in its impatience, the Government has overlooked key constitutional process. By not respecting the compartmentalization of legislative issues in the Seventh Schedule of the Constitution, we raise questions about the constitutionality of the new road laws. We even discuss the piquant issue of declarations of expediency legitimizing the bypassing of the strict categorizations of the entries mentioned in the three lists of the Seventh Schedule. We conclude with a couple of suggestions to right these imminent wrongs such that a strong road safety law, one that does not disregard constitutional methods, is passed.

Suggested Citation

Nayak, Nakul and Gaur, Akriti, Federal Roadblocks in Proposed Motor Vehicle Law (December 2, 2016). Comparative Constitutional Law and Administrative Law Quarterly, Vol. 2 Issue 3 (2015), Available at SSRN: https://ssrn.com/abstract=2879518

Nakul Nayak (Contact Author)

London School of Economics and Political Science ( email )

London WC2A 2AE
United Kingdom

Akriti Gaur

National Law University Jodhpur (NLUJ), Faculty of Law, Students ( email )

NH-65, Nagour Road
Mandore, Jodhpur
India

Yale Law School ( email )

127 Wall Street
New Haven, CT 06510
United States

Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06510
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
53
Abstract Views
320
Rank
708,258
PlumX Metrics