As reported by the media reports, Centre by an Advisory has asked the State Governments to not lower the penalties as prescribed under the amended Motor Vehicles Act that came into force on 01-09-2019.
With the enforcement of the amended MV Act, the penalties were enhanced.
As reported by Hindustan Times,
‘The transport ministry advisory was triggered by the Gujarat government’s announcement to reduce steep fines for traffic violations that was cleared by Parliament in the amended Motor Vehicles Act last September.
Several other states had proposed to emulate Gujarat and amend the penalties listed in the central law, provoking the Centre to ask the law ministry if the states had the powers to tweak penalties in the first place.’
Motor Vehicles (Amendment) Act, 2019 is parliamentary legislation and the state governments do not have the power to lower the penalties as prescribed under the same.
Article 256 of the Constitution of India provides that the executive power of every state shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that state, and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.
*Please read the Act here: