Summary
In this 2018 order, the Supreme Court directed that no Bharat Stage IV motor vehicle be sold or registered anywhere in India from 1 April 2020. Exercising Article 142, it read down Rule 115(21), which had permitted later registration of certain pre-existing stocks. The manufacturers had sufficient time and available technology to change production. Protection of public health, a clean environment and future generations outweighed the commercial interest in an additional sales window.
Issues
- Whether BS-IV vehicles manufactured before April 2020 could be sold or registered after the BS-VI transition date.
- Whether the registration window in Rule 115(21) should survive in light of public-health requirements.
Provisions considered
- Rule 115(21), inserted by notification dated 20 February 2018, Central Motor Vehicles Rules, 1989The rule’s later registration windows were read down to prohibit sale or registration of BS-IV vehicles throughout India from 1 April 2020. (¶¶ 6, 19, 21)
Held
- A clean and healthy environment falls within the right to life. Public health and future generations’ interests outweighed the industry’s financial interest in delaying cleaner vehicles where the technology was available. (¶¶ 14, 16, 17)
- The record showed technological capacity and sufficient lead time for transition. A further three- or six-month window to dispose of accumulated stock was unjustified. (¶¶ 11, 12, 13, 14, 19)
- Uniform nationwide implementation was appropriate: regional introduction risked purchases from neighbouring areas and pollution was not confined to Delhi or the NCR. (¶¶ 15, 17)
- The Court took notice of the rule notwithstanding the absence of a formal challenge in these continuing proceedings. In exercise of Article 142 it read down sub-rule (21) to bar BS-IV vehicle sales and registrations across India with effect from 1 April 2020. (¶¶ 19, 21)
Result
Directions issued: Rule 115(21) read down to prohibit sale or registration of BS-IV motor vehicles throughout India with effect from 1 April 2020.