Section 215: Road Safety Councils and Committees

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 215

Section 215 of the Motor Vehicles Act, 1988 establishes the institutional framework for National, State, and District Road Safety Councils and Committees, serving as the statutory foundation for systemic accident prevention policy, black-spot remediation, and emergency trauma management across India.

  • Constitution of National Road Safety Council: Section 215(1) empowers the Central Government to constitute a National Road Safety Council consisting of a Chairman and designated members to advise on national road safety policies, vehicular standards, and transit logistics.
  • Mandatory State Councils and District Committees: Section 215(2) and (3) mandates the constitution of State Road Safety Councils and District Road Safety Committees to monitor accident trends, investigate local road black-spots, coordinate emergency trauma centres, and conduct road safety audits.
  • Interlocking Framework with National Road Safety Board: Read in conjunction with Section 215B (inserted by the 2019 Amendment), creating the specialized National Road Safety Board to formulate binding standards for road design, safety equipment, highway management, and vehicular automation.
Key Landmark Precedents:
  • S. Rajaseekaran v. Union of India (2014) 6 SCC 36 & (2018) 13 SCC 516: The Supreme Court, acting through a specialized Road Safety Committee headed by Justice K.S. Radhakrishnan, issued binding constitutional directions under Article 142 compelling all State Governments and Union Territories to operationalize State and District Road Safety Councils under Section 215 to enforce road discipline and reduce traffic fatalities.
  • Saveetha v. Union of India, 2021 SCC OnLine Del 3122: The Delhi High Court held that Road Safety Councils established under Section 215 have an affirmative legal duty to identify hazardous road infrastructure, remove visual impediments, and implement scientific traffic calming measures to uphold the fundamental right to life under Article 21.
Courtroom Practice & Strategic Litigation Guidance:

In high-casualty motor accident claims resulting from poorly engineered roads, open potholes, or missing median barricades, invoke Section 215 r/w S. Rajaseekaran guidelines. Implead the National Highways Authority of India (NHAI) or State PWD as co-respondents alongside the vehicle owner for composite tortious negligence.