The Kerala High Court recently struck down a state notification that delayed the implementation of High-Security Registration Plates (HSRPs) for vehicles manufactured before April 1, 2019. Justice DK Singh criticized the state’s notification as a strategy to avoid implementing the HSRP scheme in Kerala, calling it contrary to the Supreme Court’s directives. The Court quashed the notification, permitting Original Equipment Manufacturer (OEM) dealers to temporarily affix HSRPs to vehicles until a transparent tender process selects authorized manufacturers.
The HSRP scheme, introduced to enhance vehicle security and identification, has been mandated by the Supreme Court and several High Courts. Despite this, vehicle manufacturers and associations filed petitions against Kerala’s refusal to allow them to affix HSRPs on vehicles manufactured before 2019, even though they held the necessary Type Approval Certificates (TAC). The state issued a notification on July 30, 2024, proposing the establishment of its own HSRP plant, which petitioners argued was unnecessary and contrary to practices in other states.
The state defended its position, claiming that a state-controlled system would ensure better oversight, but petitioners argued this approach violated constitutional rights under Articles 14, 19, and 21. They also questioned the central government’s advisories, which required state-level authorization for HSRP production beyond possessing a TAC.
The Court referred to the Motor Vehicles Act, 1988, and Central Motor Vehicles Rules, 1989, which mandate the use of HSRPs. It noted that the central government had the authority to issue Type Approval Certificates to manufacturers, and the state’s notification violated these provisions and previous Supreme Court rulings. The Court pointed out that most states had implemented the HSRP scheme by selecting qualified vendors through a transparent tender process and ordered Kerala to follow the same approach.
Until a licensed manufacturer is selected through a fair and transparent process, the Court allowed OEM dealers to affix HSRPs to vehicles manufactured before 2019. This interim arrangement mirrors practices in states like West Bengal, Karnataka, and Gujarat.
The Court quashed the state’s notification and upheld the central government’s advisories issued on June 9, 2023, and January 8, 2024, which require state approvals for HSRP production. The ruling emphasized the importance of adhering to established legal frameworks to ensure consistency and fairness in implementing the HSRP scheme nationwide.