Red Lights
Parveen Kr. Aggarwal
(Querist) 28 January 2010
This query is : Resolved
Which provision of the Constitution of India authorises use of Red Beacon Lights on the top of the Vehicles?
What purpose such Lights serve?
Is the use of such Lights (and all legislation/delegated legislation framed permitting their use) not violative of Right to Equality guaranteed under the Constitution? What is the object sought to be achieved by such provisions (Intelligible Differentia)?
Does the use of Red Beacon Lights (which makes the person having it a previleged person) violative of Article 18 of the Constitution of India which prohibits conferring and accepting titles?
How and where the practice originated?
A V Vishal
(Expert) 28 January 2010
The use of beacon light on a motor vehicle is allowed under the Motor Vehicle Act to only those vehicles that carry high dignitaries as specified by the Central Government & the State Government having jurisdiction. Some other categories of motor vehicles that require the use of a beacon light for operational purposes are also permitted its use vide Vehicles permitted under Rule 108, Central Motor Vehicles Rules, 1989 and Notification No. 52 (E)/ 11-01-2002 of the Ministry of Road Transport and Highways, Government of India.
Covering of Beacon Lights: Sub-rule (6) of Rule 108 CMVR’89 and Para (d) of Notification No. 52 (E)/ 11-01-2002 of the Ministry of Road Transport and Highways, Government of India, stipulate that in case the vehicle fitted with red light on top front is not carrying the dignitaries, then such red light shall not be used and be covered by a black cover.
Penal Provisions: The violation of any of the provisions of Rule 108 of CMVR’89 would constitute an offence punishable under section 177, MVA’88.
A V Vishal
(Expert) 28 January 2010
Rule 108, Central Motor Vehicles Rules, 1989
Use of Red or White Light or Blue Light:
No motor vehicle shall show a red light to the front or light other than red to the rear: -
Provided that the provision of this rule shall not apply to –
the internal lighting of the vehicle; or
the amber light, if displayed by any direction indicator or top light or as top light used on vehicle for operating within the premises like airports, ports without going outside the said premises on to public roads;
a vehicle carrying high dignitaries as specified by the Central Government or the State Government, as the case may be, from time to time ;
the blinker type of red light with purple glass fitted to an ambulance van used for conveying patients; or
to a vehicle having a lamp fitted with an electrical bulb, if the power of the bulb does not exceed seven watts and the lamp is fitted with a frosted glass or any other material, which has the effect of diffusing the light.
White lights illuminating the rear number plate;
White light used while reversing;
Plough light provided in agricultural tractors of illuminating the implement’s working area on the ground in agricultural field operations.
Use of blue light with flasher shall be determined and notified by the State Governments at their discretion.
Use of blue light with or without flasher shall be permitted as top light on vehicles escorting high dignitaries entitled to the use of red light.
Use of multi-coloured red, blue and white light shall be permitted only on vehicles specially designated for emergency duties and shall be specially specified by the State Governments.
The State Government shall inform the Central Government regarding publication of notifications issued by the concerned State Government under sub-rule(2) and under clause (e) of the Notification No.S.O.52(E) dated 11th January, 2002 published in the Gazette of India, Ministry of Road Transport and Highways, regarding use of red light on top of vehicle being used by dignitaries.
In case vehicle is not carrying dignitaries, red or blue light, as the case may be light shall not be used and be covered by black cover.
A V Vishal
(Expert) 28 January 2010
Notification No. 52 (E)/ 11-01-2002
Ministry of Road Transport and Highways, Government of India
In pursuance of powers under clause (iii) of proviso to rule 108 of the Central Motor Vehicles Rules 1989, the Central Government has, vide Notification No. 52 (E)/ 11-01-2002 of the Ministry of Road Transport and Highways, Government of India, specified that a vehicle carrying the following high dignitaries shall be permitted to use:
Red light with flasher on the top front of the vehicle, while on duty anywhere in the country:
President
Vice-President
Prime Minister
Former President
Deputy Prime Minister
Chief Justice of India
Speaker of the Lok Sabha
Cabinet Ministers of the Union
Deputy Chairman, Planning Commission
Former Prime Ministers
Leaders of the Opposition in the Rajya Sabha and Lok Sabha
Judges of the Supreme Court
Red light without flasher on the top front of the vehicle, while on duty anywhere in the country:
Chief Election Commissioner
Comptroller and Auditor General of India
Deputy Chairman, Rajya Sabha
Deputy Speaker, Lok Sabha
Ministers of the State of the Union
Members of the Planning Commission
Attorney General of India
Cabinet Secretary
Chiefs of Staff of the three services holding the rank of full General or equivalent rank
Deputy Ministers of the Union
Officiating Chiefs of Staff of the three services holding the rank of Lt. General or equivalent rank
Chairman, Central Administrative Tribunal
Chairman, Minorities Commission
Chairman, Scheduled Castes and Scheduled Tribes Commission
Chairman, Union Public Services Commission
Any vehicle carrying the dignitary formally designated as equivalent in rank, status and privileges to those dignitaries referred to in items (a) and (b) shall be entitled to use the red light as per the corresponding privileges. The vehicle carrying the dignitaries assigned rank in their personal capacities by the Ministry of Home Affairs shall be entitled to use red light as per the corresponding privileges assigned to those dignitaries referred to in items (a) and (b) above.
Note: The dignitaries not included in the lists (a) & (b) above, but who may be considered equivalent in rank to the dignitaries included in these lists, on the basis of the 'Table of Precedence' published in the President's Secretariat Notification No. 33-Press/79 dated the 26th July, 1979, are as follows:
Red light with flasher on the top front of the vehicle, while on duty anywhere in the country:
Governors of States Within & Outside their respective States.
Chief Ministers of States Within & Outside their respective States.
Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth Countries accredited to India.
Red light without flasher on the top front of the vehicle, while on duty anywhere in the country:
Deputy Chief Ministers of States
Chief Justices of High Courts Within & Outside their respective jurisdictions.
Envoys Extraordinary and Ministers Plenipotentiary accredited to India
Red light without flasher on the top front of the vehicle, while on duty within their respective jurisdictions/ States/ Union Territories as the case may be:
Lieutenant Governors of Union Territories
Chairmen and Speakers of State Legislatures
Cabinet Ministers of States
Chief Ministers of Union Territories
Puisne Judges of High Courts
In case the vehicle fitted with red light on top front is not carrying the dignitaries, then such red light shall not be used and be covered by a black cover.
The State Governments and Union Territory Administrations shall issue similar notifications on the use of red light in respect of high dignitaries of their State Governments or Union Territory Administrations, such as Governor, Lt. Governor, Chief Minister, Chief Justices and Judges of High Courts, Chairman, Speaker and Cabinet Ministers of State/ Union Territory Legislatures etc. as the case may be.
Parveen Kr. Aggarwal
(Querist) 28 January 2010
Thanks a lot Vishal for very useful information.
But except the first query, the remaining queries of mine remains unanswered. I am sure you must be having answers thereof.
Guest
(Expert) 30 January 2010
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