What Happened
- The Ministry of Road Transport and Highways (MoRTH) has proposed amendments to the Motor Vehicles Act, 1988 that would vest exclusive authority in the Central Government to set speed limits on National Highways (NHs) and expressways, removing the ability of state governments to impose lower limits on these roads.
- The proposed change addresses a long-standing problem: while the Centre sets maximum permissible speeds (up to 120 kmph on expressways and 100 kmph on NHs), states frequently impose lower limits, creating confusion and providing opportunities for arbitrary enforcement and corruption.
- The proposed amendments are currently being shared with other central ministries for inter-ministerial feedback before being placed before the Cabinet for approval.
- The reform is expected to standardise speed limits across the country on central roads, reduce unwarranted penalties on drivers, and curb enforcement-related corruption at state-operated checkpoints on NHs.
- The overall package of amendments also includes steeper fines for uninsured vehicles and other road safety measures.
Static Topic Bridges
Motor Vehicles Act, 1988 and Speed Limit Provisions
The Motor Vehicles Act, 1988 is the primary central legislation governing road transport in India, covering vehicle registration, licensing, insurance, traffic regulation, and penalties. It replaced the earlier Motor Vehicles Act, 1939 and has been amended significantly — most notably by the Motor Vehicles (Amendment) Act, 2019, which substantially enhanced penalties and introduced new safety provisions.
- Section 112 of the Motor Vehicles Act, 1988 deals with "Limits of Speed" — it empowers both the Central Government and State Governments to prescribe maximum (and minimum) speed limits for different classes of vehicles on different types of roads.
- Currently, the Central Government fixes the national maximum ceiling; states may prescribe lower limits if they determine it is necessary for public safety, road conditions, or bridge integrity.
- Central government speed limits (notified via S.O. 1522(E)): Cars/jeeps — 100 kmph on NHs, 120 kmph on expressways; trucks/buses — 80 kmph on NHs.
- The proposed amendment would remove state governments' authority to set lower limits specifically on NHs and expressways — roads whose planning, design, and funding are under the Centre's jurisdiction.
Connection to this news: The proposed change directly amends Section 112 to create a clear Centre-only jurisdiction over NH speed limits, resolving the dual-authority problem that has produced inconsistent enforcement across state boundaries on what are effectively national corridors.
Centre-State Division of Powers in Road Transport
The constitutional division of legislative competence over road transport is a classic example of concurrent/overlapping jurisdiction in India's federal structure. Roads and highways figure in multiple lists of the Seventh Schedule to the Constitution.
- Entry 23 of List I (Union List): National highways.
- Entry 13 of List II (State List): Roads other than national highways; state highways, district roads.
- Entry 35 of List III (Concurrent List): Mechanically propelled vehicles, including principles on which taxes may be levied (overlapping with state motor vehicle taxes).
- The National Highways Act, 1956 governs the declaration, construction, and maintenance of national highways by the Centre.
- NHAI (National Highways Authority of India) manages approximately 50,000 km of the national highway network; MoRTH oversees broader highway policy covering ~1.46 lakh km of NHs as of 2024.
Connection to this news: The proposed amendment leverages the Centre's clear constitutional primacy over NHs (List I, Entry 23) to argue that speed regulation — a core safety and operational parameter — on these roads should follow central norms uniformly, eliminating a grey area created by the dual authority in Section 112.
Road Safety in India — Scale of the Problem
India has the highest number of road accident fatalities in the world, with the problem being a persistent public health and developmental concern. Speed is a leading contributory factor in road accidents, making speed limit policy a genuine safety issue beyond the administrative and political considerations.
- India recorded approximately 1.78 lakh road fatalities in 2022 (latest MoRTH data), constituting about 11% of global road deaths despite having ~1% of global vehicles.
- Overspeeding accounted for about 70% of road accident fatalities in 2022 (MoRTH Road Accidents in India report).
- The Sundar Committee Report (2007) and the Srinivasan Committee (2011) both recommended the creation of a unified, independent road safety authority.
- India is a signatory to the UN Decade of Action for Road Safety (2021-2030), which aims to halve road traffic deaths by 2030.
- The Motor Vehicles Amendment Act, 2019 increased fines significantly: overspeeding fine rose from ₹400 to ₹1,000–₹2,000.
Connection to this news: Standardising NH speed limits under central authority is intended to eliminate arbitrary state-imposed limits that are sometimes set well below engineering-safe speeds for modern highway design, thereby both improving traffic flow and ensuring that enforceable limits are genuinely safety-driven rather than revenue-driven.
Key Facts & Data
- Proposed change: Central Government to exclusively set speed limits on NHs and expressways.
- Current NH speed limits: Cars — 100 kmph; expressways — 120 kmph; trucks/buses — 80 kmph.
- Legal provision: Section 112, Motor Vehicles Act, 1988 — to be amended.
- National highway network: ~1.46 lakh km total (NHAI manages ~50,000 km).
- India road fatalities (2022): ~1.78 lakh — highest globally.
- Overspeeding share of fatalities: ~70% (MoRTH 2022 data).
- Motor Vehicles (Amendment) Act, 2019 last major overhaul.
- Constitutional basis for NH regulation: Union List, Entry 23, Seventh Schedule.