Twinkle Twinkle Little (Red) Star

Twinkle Twinkle Little (Red) star

The Central Government has recently taken a decision that Red Beacon VIP culture in India should go- it is a very welcome move, citizens have welcomed it wholeheartedly, politicians have also publicly welcomed it, whether or not they are happy about the loss of public symbol of power. 

I was waiting for the gazette notification amending the Central Motor Vehicles Rules, 1989, as till the changes are known, it is premature to celebrate. Now the draft  GSR 397(E) __ has been published and uploaded on E Gazette portal on 20th April 2017. So what is proposed?

Basically, the changes proposed have three components:

(a) Use of 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 and  ports without going outside the said premises on to public roads, which was permitted till now, has been extended to also mines and project sites.

(b) Clauses relating to use of red light for vehicles carrying high dignitaries to be prescribed by either the Central Government or the State Governments, blanket permission for use of blue lights ( with or without flasher) for pilot vehicles accompanying the vehicles carrying high dignitaries, with use of blue lights with flasher being at the sole discretion of the State Governments have been deleted. 

(c) The power enjoyed henceforth solely by the State Governments for permitting use of multi coloured red, blue and white light only on vehicles specifically designated for emergency duties as 'specifically specified' by State Governments, has been withdrawn. Now instead, the Central Government will exercise these powers for such emergency and disaster management duties as may be specified by the Central Government. 

What the changes at (b) and (c) essentially imply is that cooperative federalism is diluted in so far as the States' power to permit use of multi coloured lights in vehicles is concerned.State Governments will have no powers in the matter whatsoever, not even in case of emergencies.

It also implies that while there will no longer be vehicles fitted with  lights with the objective of "carrying high dignitaries" or their pilot cars ,the Central Government can still use its powers to ferry anybody, including a dignitary citing  'emergency',  in vehicle(s) fitted with external beacons.

Even in times of emergency affecting a State, the State will henceforth need to seek permission of the Central Government for using vehicles fitted with beacons. 

There appears to be a trust deficit on part of the Central Government vis a vis State Governments regarding the latter acting in a responsible manner, which is not very healthy in a federal structure. After all cooperative federalism is just not semantics.