Bombay High Court: Mohd. Kasim Ahmad Challenges Marathi Language Rule

• Four cab drivers have filed a petition in the Bombay High Court challenging the Maharashtra government's mandatory Marathi language rule for drivers.
• The rule, notified on August 12, requires auto rickshaw, taxi, and app-based cab drivers to have a working knowledge of Marathi.
• The petition argues the rule violates fundamental rights under Articles 14, 19, and 21 of the Constitution and is ultra vires the Motor Vehicles Act, 1988.
• The drivers contend the Motor Vehicles Act does not grant the state power to impose language requirements for licenses or permits.
• Lakhs of drivers, particularly migrants, face potential suspension of badges and cancellation of permits, threatening their livelihoods if the rule is implemented.

The petitioners contend that by imposing a language requirement, the state is creating an arbitrary barrier to employment and livelihood.

Four cab drivers, operating vehicles through mobile aggregator applications, have initiated a legal challenge in the Bombay High Court. Their petition directly contests a recent mandate from the Maharashtra government, which stipulates that auto rickshaw, taxi, and app-based cab drivers must possess a working knowledge of the Marathi language. This significant legal action, formally titled Mohd. Kasim Ahmad vs. State of Maharashtra, seeks to overturn the state's directive.

The contentious rule was formally announced through a government notification issued on August 12. The drivers, represented by advocate Vivek Shukla, are pushing for an expedited resolution, with their petition scheduled for mention before the Chief Justice on August 26 to seek urgent directions. This challenge, often referred to as the Mohd. Kasim Ahmad Marathi language rule challenge, has quickly drawn attention due to its broad implications for the transport sector in Maharashtra.

The core of the cab drivers' argument is that the Marathi language rule is unconstitutional and exceeds the state government's authority. Their plea asserts that the mandate violates fundamental rights enshrined in the Indian Constitution, specifically Articles 14 (right to equality), 19 (freedom to carry on trade and profession), and 21 (right to life). The petitioners contend that by imposing a language requirement, the state is creating an arbitrary barrier to employment and livelihood.

Furthermore, the petition argues that the rule is ultra vires, or beyond the powers, of the Motor Vehicles Act, 1988. This central piece of legislation, which governs driving licenses and vehicle operations across India, does not include any provision for a language requirement as a prerequisite for obtaining a driving license. The petitioners highlight that the parent Act grants no authority to state governments to mandate language proficiency as a condition for a driver's qualification, badge, or permit, nor does it allow for the suspension or revocation of a badge on such grounds. The Bombay High Court cab driver petition thus frames the state's notification as an overreach, manufacturing a new disqualification and grounds for punitive action that Parliament never intended.

The implementation of the Maharashtra driver language requirement poses a severe threat to the livelihoods of a vast number of individuals. The petition underscores that hundreds of thousands of poor and migrant drivers, many of whom may not be proficient in Marathi, face the imminent suspension of their badges and the cancellation of their permits if this rule is enforced. This would effectively strip them of their ability to earn a living, directly impacting their right to life under Article 21.

The challenge to the app-based cab driver Marathi rule is not merely about a language requirement but about the fundamental right to work and sustain oneself. The petitioners emphasize that the state's notification introduces a new and unauthorized basis for disqualification and revocation, which could have devastating economic consequences for a significant portion of the driving community in Maharashtra. The outcome of this legal battle will therefore have profound implications for the operational landscape of transport services and the economic stability of countless drivers across the state.

Lawyers advising transport companies, app-based aggregators, or individual drivers in Maharashtra should closely monitor this Bombay High Court challenge. The outcome will determine the enforceability of the Marathi language rule, potentially impacting driver licensing, operational compliance, and the constitutional limits of state-level regulations on trade and profession.

Source: Original reporting via Bar & Bench