Section 27 Motor Vehicles Act: Power of Central Government to make rules

Section 27 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The Central Government may make rules

[(a) specifications relating to e-cart and e-rickshaw under sub-section (10) of section 9;] [(aa)] regarding conditions referred to in sub-section (2) of section 3;

(b) providing for the form in which the application for learners licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8;

(d) providing for the particulars for the test referred to in sub-section (5) of section 8; [(da) the form and manner in which a licensing authority may issue a learner's licence under sub-section (6) of section 8;

(db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;]

(e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9;

(f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; [(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;]

(g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons;

(h) providing for the form and contents of the licences referred to in sub-section (1) of section 10;

(i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged;

(j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; [(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12;

(jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14;

(jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;]

(k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15;

(l) providing for the authority to grant licences under sub-section (1) of section 18;

(m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learners licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishments for imparting instructions in driving motor vehicles;

(n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; [(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19;

(nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;]

(o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; [(oa) all or any of the matters referred to in section 25A;]

(p) to provide for all or any of the matters referred to in [***] section 26;

(q) any other matter which is, or has to be, prescribed by the Central Government.

Legal Commentary & Landmark Judgments: Section 27

Section 27 of the Motor Vehicles Act, 1988 vests plenary delegated rule-making power in the Central Government to establish uniform national standards for driver licensing, curriculum, automated testing, and digital database architectures.

Scope of Central Regulatory Power: Encompasses prescribing minimum educational qualifications, syllabi for driving schools, medical standards under Form 1A, formats of learner and driving licences, and National Register specifications.
Central Motor Vehicles Rules (CMVR), 1989 Statutory Anchor: Section 27 serves as the direct statutory anchor for the Central Motor Vehicles Rules, 1989 (Rules 3 through 32), which govern practical driving tests, simulator evaluations, and vehicle class codes.
Digital Governance and Automation Mandates: Empowers the Central Government to formulate rules for automated driving testing stations, electronic certificate repositories (DigiLocker, mParivahan), and biometric Aadhaar authentication.

Key Landmark Precedents:

Mukund Dewangan v. Oriental Insurance Co. Ltd. (2017) 14 SCC 663 (3-Judge Bench): The 3-Judge Bench analyzed the interplay between Section 27 rule-making powers, Form 4, and statutory classifications, holding that administrative rules cannot restrict substantive authorizations conferred by primary statutory definitions.
Bajaj Allianz General Insurance Co. Ltd. v. Rambha Devi (2023) SCC OnLine SC 1429 (5-Judge Constitution Bench): The Constitution Bench examined the rules framed under Section 27 regarding driver licensing, holding that the CMVR forms and procedures must be harmonized with the parent statute's vehicular definitions.

Courtroom Practice & Strategic Litigation Guidance:

When challenging or defending transport department notifications, evaluate whether the rule exceeds the delegated boundaries of Section 27. Where a rule or circular purports to curtail the substantive rights of an LMV licence holder contrary to Mukund Dewangan, plead the doctrine of ultra vires: statutory rules framed under Section 27 cannot override parent definitions in Section 2.

Section 27: Power of Central Government to make rules

Section 27 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 27