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Cab Drivers Challenge Marathi Language Rule in , Cite Livelihood Risk
Four app-based cab drivers have moved the , challenging the of a Maharashtra government notification that makes of Marathi mandatory for auto-rickshaw, taxi, and app-based cab drivers. The petition, filed as a , warns that the rule threatens the livelihoods of lakhs of poor and migrant drivers across the state. The matter is expected to be mentioned before the Acting Chief Justice on , with the drivers seeking an urgent stay on implementation.
The Notification and Government’s Stance
On
, the
issued a notification requiring all auto-rickshaw, taxi, and app-based cab drivers to have a
of the Marathi language. The government launched a statewide drive from
to check compliance, raising fears of widespread suspensions and
cancellations for non-compliant drivers. Defending the move, Chief Minister Devendra Fadnavis stated,
"We are not trying to make our Hindi-speaking brothers experts in the Marathi language, but they should have
of the language… Our Mahayuti government will not allow injustice based on language."
The notification has sparked debate over the balance between promoting regional language and protecting the rights of migrant workers who form a significant part of the state’s transport workforce.
Legal Grounds of the Challenge
The petitioners—Mohammed Kasim Ahmad, Mohammed Tauseef Shaikh, Siyad Ahamad, and Sadik Nasir Ali Khan—filed the PIL through advocate
, arguing that the notification is
the
. According to the plea,
"The parent Act confers no power upon the State Government to prescribe
of any language as a qualification for a driver, as a condition of a
, or as a condition of a
, and confers no power to suspend or revoke a
on such a ground."
The petition further asserts that the notification
"manufactures a new
and a new ground of
and
which the parliament never enacted."
The drivers contend that the rule violates their under (right to equality), Article 19 (freedom to carry on trade and profession), and (right to life) of the Constitution. They argue that the state cannot introduce a new not found in the parent legislation, and that such a requirement disproportionately impacts non-Marathi-speaking drivers, many of whom are migrants from other states.
Scale of the Impact
The petition highlights the enormous scale of the notification. According to the plea,
"The scale of the notification is enormous. As stated by the Hon'ble Transport Minister himself in the press, about 9,65,000 rickshaw and taxi permits and badges have been issued in the State so far."
The government previously conducted a 105-day
"Hinduhridaysamrat Balasaheb Thackeray Marathi Language Campaign"
through the
and the
, where around 1.65 lakh non-Marathi-speaking drivers participated. Yet,
"lakhs of drivers remain exposed to notices,
and cancellation,"
the plea warns. The drivers face imminent threat of
of badges and cancellation of permits, jeopardizing their livelihoods if the rule is enforced.
Legal Analysis: and
The central legal issue is whether the state government has the authority under the , to impose a language proficiency requirement as a condition for driving commercial vehicles. The Act does not prescribe any language qualification for driving licences, badges, or permits. The petitioners argue that the notification attempts to add a new that was never intended by Parliament. This raises a classic challenge—if the exceeds the powers granted by the parent statute, it is void.
Moreover, the requirement to demonstrate of Marathi may disproportionately affect non-native speakers, potentially violating ’s guarantee of equality before the law. The freedom to carry on a trade or profession under is also at stake; the state can impose , but they must be in the interest of the general public and . The drivers argue that there is no evidence that language proficiency is essential for safe driving or passenger service, making the restriction . Finally, , which includes the , is implicated because the rule could strip thousands of drivers of their means of earning.
Broader Implications for Migrant Workers and Language Policy
The case has significant implications beyond the transport sector. Maharashtra, like many Indian states, has a large migrant workforce from Hindi-speaking and other non-Marathi regions. The notification could set a precedent for other states to impose similar language requirements, potentially fragmenting the national labor market. It also raises questions about the extent to which states can promote official languages without infringing on . The outcome may influence how courts balance cultural promotion with economic freedoms.
For the legal community, the case is a classic example of a constitutional challenge to . It tests the limits of state power under the Motor Vehicles Act and the scope of Articles 14, 19, and 21 in the context of . The ’s decision could provide guidance on when a language requirement becomes an unreasonable restriction.
Next Steps and Urgent Relief
The petition is likely to be mentioned before the Acting Chief Justice on Thursday, seeking an on the notification. The drivers have urged the court to intervene before the statewide drive leads to large-scale suspensions. Given the potential economic harm to a large number of vulnerable workers, the court may consider granting temporary relief pending a full hearing. The case is expected to be closely watched by civil liberties groups, transport unions, and state governments across India.
In conclusion, the faces a delicate task: balancing the state’s interest in promoting the Marathi language against the of thousands of drivers whose livelihoods hang in the balance. The court’s ruling will have far-reaching consequences for language policy, migrant rights, and the scope of in India.
