Bombay High Court Disposes PIL as Maharashtra Grants One Year for Drivers to Learn Marathi

The Bombay High Court on Saturday disposed of a public interest litigation challenging the Maharashtra government's mandatory Marathi language requirement for auto-rickshaw, taxi and app-based cab drivers, after the state government formally undertook to grant drivers a one-year window to acquire functional knowledge of the language. A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad recorded the government's statement and closed the matter, bringing a temporary halt to the legal battle over the controversial notification.

The PIL, filed by four Uber drivers through advocate Vivek Shukla, had argued that the August 12 notification making "working knowledge" of Marathi compulsory for obtaining and retaining commercial driving permits violated their fundamental rights under Articles 14, 19, and 21 of the Constitution. The petitioners contended that the requirement exceeded the powers conferred on the state by the Motor Vehicles Act, 1988, which does not prescribe any language qualification for driving licences. They warned that the rule threatened the livelihoods of lakhs of poor and migrant drivers who would face suspension or cancellation of their badges and permits.

During the hearing, the bench initially noted media reports that the state had agreed to a one-year extension. Additional Government Pleader Jyoti Chavan, however, sought time to verify whether a formal policy decision had been taken. After consulting the Transport Department, she informed the court that the Transport Minister had confirmed the grant of one year to all auto-rickshaw, taxi and cab drivers to learn and master Marathi. The court accepted the statement and disposed of the PIL.

The Language Rule and Its Enforcement

The Maharashtra government had announced in April that non-Marathi-speaking drivers must learn basic Marathi, setting a deadline of August 15. Marathi classes were organised by the Transport Department and literary groups. Following the deadline, a statewide checking drive began on August 20, during which 8,217 drivers were tested on the first day. Notices were issued to 1,268 drivers found lacking adequate proficiency, with officials warning that badges could be suspended for three months if the deficiency was not rectified within a month.

The enforcement triggered protests across Mumbai, with drivers blocking roads and refusing to ferry passengers in areas such as Kandivali, Malad, Santacruz, and Andheri. Union leaders alleged that the roadside tests were arbitrary and often tested material not covered in the government-run classes. Thampy Kurien of the Mumbai Rickshawmen's Union called for more time, reduced penalties, and tests aligned with the syllabus. "We learnt at least 16 conversational Marathi sentences during the classes, but during the road test none of the information we had learnt was asked," one driver said.

The Government's Response and Extension

Chief Minister Devendra Fadnavis, after meeting a delegation led by Haji Arfat Shaikh representing auto and taxi driver organisations, announced on August 27 that the government would grant one year for drivers to learn functional Marathi. "They requested that they be given one year's time. The state government has accepted their demand and is giving them one year. No action will be taken during this period," Fadnavis stated. He added that Marathi classes and study material would be provided, and that drivers from different age groups and educational backgrounds had found the earlier deadline unrealistic.

Transport Minister Pratap Sarnaik had earlier emphasised that only basic, everyday communication skills were required, not fluency. Deputy Chief Minister Eknath Shinde supported the initiative, distributing certificates to about 20,000 drivers who had completed Marathi training and noting that around 1.6 lakh drivers had already learnt the language.

Legal Questions Remain

While the PIL has been disposed of, the underlying legal issues remain unresolved. The petitioners had argued that the Motor Vehicles Act does not authorise the state to impose language conditions, and that the requirement disproportionately affects migrant workers who form the backbone of the commercial transport sector. The court's order merely accepted the government's undertaking without adjudicating on the constitutional validity of the notification.

Legal observers note that the one-year grace period effectively defers the conflict but does not answer whether the state can constitutionally link language proficiency to a driving licence. "Can the right to earn a living be obstructed in the name of language?" asked Trinamool Congress leader Majeed Memon, echoing a concern shared by many. If the government attempts to enforce the rule after the year elapses, fresh litigation is likely.

Impact on the Legal Community

For legal practitioners, the case highlights the tension between state language policy and fundamental rights, particularly the right to livelihood under Article 21. It also underscores the limits of delegated legislation: the state government used rule-making powers under the Motor Vehicles Act to introduce language requirements, a move the petitioners argued was ultra vires the parent statute. The Bombay High Court did not rule on that question, but the issue may well reach the Supreme Court if enforcement resumes.

Migrant rights advocates have pointed out that similar language mandates in other states could face constitutional challenges, making this a potential landmark on the intersection of language, employment, and mobility. The one-year window, while welcomed by drivers, does not remove the underlying uncertainty for nearly 9.65 lakh permit holders across Maharashtra.

Conclusion

The Bombay High Court's disposal of the PIL reflects a pragmatic outcome: the government avoided immediate judicial scrutiny by granting time, and the drivers gained breathing room to learn Marathi without losing their livelihoods. However, the core constitutional challenge remains alive. As the state begins organising Marathi classes and preparing study material, the coming months will test whether the policy can be implemented fairly and whether it can withstand legal challenge when the grace period ends.

For now, non-Marathi drivers in Mumbai can celebrate the reprieve, but the eventual resolution of the language question will depend on a delicate balance between cultural identity, administrative feasibility, and the fundamental rights of India's migrant workforce.