The Assam Inland Water Transport Regulatory Authority Act, 2018 is valid and does not require Presidential assent as it does not conflict with existing central legislation on inland waterways.

JUDGMENT :

VIJAY BISHNOI, CJ.

1. This writ petition is filed by the petitioner praying the following reliefs:-

“(i) The provisions of Assam Inland Water Transport Regulatory Authority Act , 2018 shall not declared as inoperative for not having the Presidential assent and as such ultra virus to the Constitution of India;

(ii) The provisions as contained in Sec 14(1)(k) shall not be declared as ultra virus to the Constitution of India. Upon hearing the cause or causes that may shown as your Lordships may be pleased to make the rule absolute and/or pass any further or other order or orders as your Lordships may deem fit and proper”

From the above, it is noticed that though in the second prayer of the writ petition, reference of Section 14 (1)(k) is given but from the pleadings it appears that essentially the petitioner is challenging the validity of Section 14 (k) of the Assam Inland Water Transport Regulatory Authority Act , 2018 (hereinafter to be referred as the “Act of 2018”).

2. The petitioner, which is a registered Trade Union, has challenged the validity of the Act, 2018 as a whole and has also specifically challenged the validity of Section 14 (2)(k) of the Act of 2018.

3. It is pleaded in the writ petition that Entry 32 of List-III of Seventh Schedule of the Constitution of India provides for legislative power of the Parliament and the State Legislature with regard to shipping and navigation on Inland Waterways as regard mechanically propelled vessels and the rule of the roads, such as waterways and the carriage of passengers and goods on Inland Waterways, subject to the provisions of List-I of Seventh Schedule with respect to National Waterways. It is contended that under the powers of Entry 30 and Entry 32, the Parliament has enacted the Inland Waterways Authority of India Act, 1985 (hereinafter to be referred as the “Act of 1985”), which provides for permit selling up infrastructure for the National Waterways, etc. It is the case of the petitioner that similar provision has also been enacted under Section 14 of the Act of 2018 to regulate the activities of the Inland Water Operators. Since the Transport Operators shall be operated in the National Waterways, namely, on the river Brahmaputra and River Barak, it is clear that these two Acts operate on the same subject, however, any enactment pursuant to the legislative powers conferred on concurrent list requires the assent of the President but in the present case, the Act of 2018 received the assent of the Governor only on 15.11.2018, whereas the Presidential assent has not been obtained and, therefore, the Act of 2018 is liable to be declared as inoperative and ultra vires to Article 254(2) of the Constitution of India.

4. It is also the case of the petitioner that Section 14 (2)(k) of the Act of 2018 stipulates “promote public private partnership, private participation and outsourcing for effective implementation of the Act of 2018”. However, looking to the fact that the Regulatory Authority constituted under the Act of 2018 is not owing any vessel or ship and is also not operating any vessel or ship, therefore, they cannot promote public-private partnership. The authorization given to the Regulatory Authority to make any provisions for private participation in public vessels or ships to operate in the Indian Waterways is illegal. It is the further case of the petitioner that the public vessels or ships are owned by the Inland Water Transport, Assam and the Directorate of Inland Water Transport, Assam provides ferry services throu