Legal World By Shivanshu Katare

  Introduction State Transport Undertakings (STUs) are government-run entities responsible for providing public transport services within a state or across multiple states. The Motor Vehicles Act, 1988 provides special provisions to regulate and facilitate their operations. These provisions aim to ensure efficient, accessible, and affordable transportation services for the public, particularly in areas where private operators may not find it economically viable to operate. Legal Framework: Special Provisions Under the Motor Vehicles Act, 1988 1. Section 98 – Power of the Government to Make Special Provisions The State Government has the authority to create special schemes for STUs. These schemes may grant exclusive rights to STUs for operating certain routes. The provision ensures public transport accessibility in rural and remote areas. 2. Section 99 – Preparation and Publication of Transport Schemes The State Government may prepare a scheme for providing road transport servic...

  Introduction A permit is an official authorization granted by the State Transport Authority (STA) or Regional Transport Authority (RTA) , allowing a vehicle to operate for specific transport purposes. The permit system ensures the regulation of transport services, safety compliance, and controlled operation of vehicles on public roads. The provisions regarding the permit system in India are primarily governed by the Motor Vehicles Act, 1988 , along with the Central Motor Vehicle Rules, 1989 and state-specific transport rules. Various forms are prescribed for applying and granting permits for different vehicle types. Legal Provisions Regarding Permits Under the Motor Vehicles Act, 1988 1. Section 66 – Necessity of Permits No motor vehicle shall be used as a transport vehicle without a valid permit . Transport vehicles require a permit issued by the State or Regional Transport Authority . 2. Section 67 – Power of Government to Control Road Transport The government has the author...

  Introduction A permit is an official authorization issued by a regulatory authority allowing a vehicle to operate for a specific purpose, such as passenger transport, goods transport, or special services. Permits ensure compliance with government regulations, maintain road safety, regulate transportation services, and prevent unauthorized vehicle operations. Legal Framework for Permits in India The necessity of a permit is governed by the Motor Vehicles Act, 1988 , and regulated by the State Transport Authorities (STA) and Regional Transport Authorities (RTA) . Key provisions: Section 66 : No vehicle can be used as a transport vehicle without a valid permit. Section 67 : The government has the power to control road transport by issuing permits. Section 68 : Permits regulate the number of vehicles, fares, and operational areas. Need for a Permit 1. Regulation of Transport Services Ensures fair competition among transport operators. Prevents monopoly in the transport sector. Regul...

  Classification and Anatomy of Different Types of Vehicles Vehicles are classified based on various criteria such as the number of wheels, purpose, and origin. The broad classification includes two-wheelers, three-wheelers, four-wheelers, multi-wheelers, imported vehicles, and miscellaneous vehicles. Each category has distinct characteristics and structural anatomy. 1. Two-Wheelers Classification: Motorcycles: Includes standard bikes, cruisers, sports bikes, touring bikes, adventure bikes, and off-road bikes. Scooters: Gearless or automatic transmission vehicles designed for urban commuting. Mopeds: Lightweight, small-capacity motorcycles with an engine less than 100cc. Anatomy: Chassis: Backbone frame that supports all components. Engine: Positioned centrally, can be two-stroke or four-stroke. Transmission: Manual (clutch and gear system) or automatic (Continuously Variable Transmission - CVT). Suspension: Front telescopic forks and rear dual shocks or monoshock. Brakes: ...

  Introduction The sociology of law is an interdisciplinary field that examines the interaction between law and society . It explores how laws originate, how they function, and how they influence social behavior. Unlike traditional legal studies, which focus on legal rules and principles , the sociology of law investigates the social dimensions of law , including its impact on different groups, institutions, and cultural practices. 1. Meaning and Definition of Sociology of Law Sociology of law is the study of law as a social institution and its role in shaping and regulating human behavior. It views law as a social phenomenon influenced by economic, political, and cultural factors. Definitions Max Weber : Defined law as an order backed by legitimate coercion and categorized legal systems based on their rationality and authority structures. Émile Durkheim : Linked law to social solidarity , distinguishing between repressive law (in traditional societies) and restitutive law (i...

  Introduction Socio-legal research is an interdisciplinary field that examines the relationship between law and society . It combines legal analysis with social science methodologies to study how laws are created, applied, and impact individuals and institutions. The primary aim is to understand how law functions in real-life settings rather than just as written statutes. 1. Types of Socio-Legal Research Socio-legal research can be broadly classified into two types: (A) Doctrinal Research (Traditional Legal Research) Focuses on analyzing legal texts, case laws, statutes, and legal principles . It is library-based and involves logical reasoning to interpret legal rules. Example: Studying how courts have interpreted Article 21 (Right to Life) under the Indian Constitution. (B) Empirical Research (Non-Doctrinal Research) Involves fieldwork, surveys, interviews, and data collection to study how law operates in society. It assesses the real-world impact of laws on individuals an...

  Friedrich Carl von Savigny (1779–1861), a German jurist and founder of the Historical School of Jurisprudence , emphasized that law is deeply connected to a nation’s culture, history, and traditions . He opposed the idea that law could be artificially created by legislators without considering the historical and cultural context in which it developed. Savigny’s ideas on law and culture played a crucial role in shaping modern legal thought, especially in Germany and Europe , by advocating that law should evolve organically from a society's customs and traditions rather than being imposed through abstract legal codes. 1. Law as a Product of National Spirit (Volksgeist) (A) Concept of Volksgeist Savigny argued that law is a reflection of the Volksgeist , meaning the “spirit of the people.” Law is not created by rulers or legislators but emerges organically from the traditions, customs, and beliefs of a society. Every society has a unique Volksgeist , which shapes its legal inst...

  Max Weber (1864–1920), a German sociologist and legal theorist, developed a profound analysis of the rationalization of law within his broader theory of societal rationalization. He examined how legal systems evolve from traditional and charismatic forms of authority to rational-legal systems , characterized by formal rules, procedures, and predictability. Weber’s theory of legal rationalization is essential for understanding the development of modern legal systems , particularly in Western societies, where law has become bureaucratic, systematic, and rule-based . 1. The Concept of Rationalization of Law (A) Definition of Rationalization Rationalization refers to the process by which societies move from traditional, religious, and emotional ways of thinking to logical, systematic, and efficiency-driven structures . In legal terms, rationalization means that law becomes more structured, codified, and predictable , removing personal discretion and arbitrary decisions. The transi...