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IN SUPREME COURT OF INDIA Page 1 of 7

Vs.

RESPONDENT:
UNION OF INDIA & ORS.

DATE OF JUDGMENT29/08/1988

BENCH:
DUTT, M.M. (J)
BENCH:
DUTT, M.M. (J)
VENKATARAMIAH, E.S. (J)

CITATION:
1988 AIR 2027 1988 SCR Supl. (2) 632
1988 SCC (4) 156 JT 1988 (3) 523
1988 SCALE (2)556

ACT:
Motor Vehicle Act 1939, Sections 85A and 91.
%
A.P. Motor Vehicles Rules l964, Rule 498-A &
Commissioner of Police, Hyderabad Notification dated July 8,
l956.
Hyderabad City Policy Act. Section 21(1) and
Commissioner’s Notification dated July 8, 1956.
Crash helmets-Wearing of-By drivers of motor cycles and
and scooters-Validity and necessity of.
Constitution of India 1950. Part II and Articles 19
(1)(d),(5) and 21.
Any act aimed at doing public good-Not violaive of any
fundamental right-A.P. Motor Vehicles Rules 1964,Rule 498-A-
Crash helmets-Wearing of-Statutory rule being for public
good-Restriction if any put by rule is reasonable.

HEADNOTE:
The Commissioner of Police, Hyderabad and Secunderabad,
in exercise of his powers under Section 21(1) of the
Hyderabad City Police Act, issued a Notification dated July
8,1986 directing that in order to ensure adequate safety of
two-wheeler riders, wearing of protective helmets is made
compulsory for riders of motor-cycles and scooters, as
envisaged by rule 498-A of the Andhra Pradesh Motor
Vehicles Rules, 1964 with effect from August 1,1986.
The petitioner, a student having a permanent driving
licence for a two-wheeler vehicle, filed a writ petition in
the High Court challenging the validity of the aforesaid
Notification as also rule 499-A of the Andhra Pradesh Motor
Vehicles Rules, l964 on the ground that the same was
violative of the fundamental rights guaranteed to the
petitioner under Article 13(1)(d) and Article 21 of the
Constitution. It was contended by the petitioner that as
Section 85A of the Motor Vehicles Act, 1939 was yet to be
enforced, rule 498-A was illegaI and ultra vires the Motor
PG NO 632
PG NO 633
Vehicles Act, 1939. It was further contended that the
wearing of helmets preventing the free flow of breeze to the
head result in giddiness and affect sight and hearing. The
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petitioner also filed an affidavit of one Dr. Prabhakar
Korada to support the contention that continuous wearing of
helmets can raise the pressure leading to irritation,
confusion, headaches, giddiness and falling of hair etc.
The High Court overruled the contentions of the
petitioner and upheld the validity of the notification and
the provisions of rule 498-A of the A.P. Motor Vehicles
Rules. The High Court also relied upon the medical opinions
of some Neuro-Surgeons of repute, and came to the finding
that wearing of helmets would not cause any ailment
whatsoever as contended by the petitioner. The writ petition
was accordingly dismissed.
The petitioner appealed to this Court by Special Leave.
It was contended on his behalf that in view of the
cancellation of the notification dated May 14, 1988, Section
85-A had not come into force and as such, there was no
provision in the Motor Vehicles Act providing for wearing of
protective headgear or helmet by the driver of a motor-cycle
of any class while driving the same. It was also submitted
that in the absence of any specific provision in the Act,
rule 498-A was ultra vires the Act itself and consequently,
the notification issued under Section 21(1) of the Hyderabad
City Police Act was illegal and should he struck down.
As there was some doubt whether Section 85-A had come
into force by virtue of the notification dated May-l4, I988
and whether the Central Government had the power to cancel
the said notification by their subsequent notification dated
October 31, l980. the Court issued notice to the Attorney
General of India, who appeared and relying on the decision
in Om Prakash and Others v. Union of India and Others, AIR
l97l SC 771 submitted that even assuming that rule 498-A
does not come within the purview of clause (i) of sub-
section (2) of section 91, still the State Government could
frame such a rule under sub-section (1) of section 91 and
that the clauses under sub-section (2) of section 91 are
only illustrative and not exhaustive.
Dismissing the special leave petition,
HELD: 1. Rule 498-A has been framed by the State
Government by virtue of its rule making power under clause
(i) of sub-section (2) of section 19 of the purpose of
protecting the head from being injured in case of an
accident.[l638E]
PG NO 634
2. It is common knowledge that head of the driver of a
two- wheeler vehicle is the main target of an accident and
often it is fatal to the driver. By insisting on the wearing
of a helmet by the driver driving a two-wheeler vehicle,
rule 498-A intends to protect the head from being totally
injured in the case of an accident. Clause (i) is wide
enough to include the driver of a motor cycle or a scooter.
The expression "any person"in clause (i) also includes
within it a driver of a two-wheeler vehicle. [638E-F]
3. Clause (i) is also intended for the prevention of
danger, injury or annoyance to the public or any person
including the driver of a two-wheeler vehicle. [638G]
4. Rule 498-A is, therefore, quite legal and valid, in
spite of the absence of any provision like section 85-A.
[638H]
5. There can be no doubt that rule 498-A is framed for
the benefit, welfare and the safe journey by a person in a
two-wheeler vehicle. It aims at prevention of any accident
being fatal to the driver of a two-wheeler vehicle causing
annoyance to the public and obstruction to the free flow of
traffic for the time being.[639G]
6. Even assuming that rule 498-A is not clause (i) of
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sub-section (2), it is quite immaterial inasmuch as such a
rule can be framed in exercise of the general power under
sub-section (1) for the purpose of carrying into effect
Chapter V1 relating to control of traffic. [639D]
7. There is hardly any fundamental right against any act
aimed at doing some public good. [640A]
8. Even assuming that rule 498-A has put a restriction
on the exercise of a fundamental right under Article 19
(1)(b), such restriction being in the interest of the
general public, is a reasonable restriction protected by
Article 19(5) of the Constitution. [64OB]
9. As rule 498-A has been framed in accordance with
procedure established by law, that is, in exercise of the
ulre making power conferred on the State Government under
Section 19 of the Motor Vehicles Act, the question of
infringement of Article 21 of the Constitution does not
arise [640B]
PG NO 635
10. Rule 498-A helps the driver or a two wheeler to
drive the vehicle in exercise of his freedom of movement
without being subjected to a constant apprehension of a
fatal head injury, if any accident takes place.[639H]

JUDGMENT:
CIVIL APPELLATE JURISDICTION: Special Leave Petition (C)
No. 1252 of 1988.
From the Judgment and Order dated 10.8.87 of the Andhra
Pradesh High Court in W.P. -10800187.
P.A. Choudhary, TVSN Chari, C. Badrinath and Mrs.
Sunitha Rao for the Petitioner.
K.Parasaran, Attorney General G. Chandra and A. Sub-
hashini for the Respondents.
The Judgment of the Court was delivered by
Dutt, J. The only question that is involved in this
petition relates to the validity of rule 498-A of Andhra
Pradesh Motor Vehicles Rules, 1964 and a notification dated
July 8, 1986 issued by the respondent No. 3, the
Commissioner of Police, Hyderabad and Secunderabad, In
exercise of his Powers under section 21(1.) of the Hyderabad
City Police Act, inter alia, directing that in order to
ensure adequate safety of two-wheeler riders, wearing of
protective helmets is made compulsory for riders of motor-
cycles and scooters, as envisaged by rule 498-A, with effect
from August 1, 1986.
Rule 498-A provides as follows:
"Rule 4983-A. Crash helmets to be worn No person shall
drive a motor-cycle or a scooter in a public place unless
such driver wears a crash helmet:
Provided that nothing in this rule shall apply to a
person professing Sikh religion and wears a turban. ’’
The petitioner, who is a student and has a permanent
drivined licence for a two-wheeler vehicle, filed a writ
petition in the Andhra Pradesh High Court challenging the
validity of the said notification as also of rule 498-A on
the ground that the same was violative of the rights of the
petitioner as guaranteed under Article 19(l)(d) and Article
PG NO 636
21 of the Constitution of India. It was contended by the
petitioner before the High Court that as section 85-A of the
Motor Vehicles Act, 1939 was yet to be enforced, rule 498-A
was illegal and ultra vires the Motor Vehicles Act. It was
also contended that the wearing of helmets preventing the
free flow of breeze to the head would result in giddiness
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and affect sight and hearing.
The petitioner filed an affidavit of one Dr. Prabhakar
Korada wherein it has been stated inter alia that
continuous wearing of helmets can raise the pressure
leading to irritation, confusion, headaches, giddiness,
falling of hair etc.
The High Court has overruled the contentions of the
petitioner that the said notification or the provision of
rule 498-A of the Andhra Pradesh Motor Vehicles rules is
violative of Article 19(1)(d) or Article 21 of the
Constitution or that it is illegal or ultra vires the
provisions of the Motor Vehicles Act,1939. The High Court
also relied upon medical opinions of some Neuro-Surgeons of
repute and came to the finding that wearing of helmets would
not cause any ailment whatsoever as contended by the
petitioner. In that view of the matter, the High Court
dismissed the writ petition upholding the validity of the
notification and the provision of rule 498-A of Andhra
Pradesh Motor Vehicle Rules. Hence this petition for special
leave.
At this stage, it may be noticed that by motor Vehicles
(Amendment) Act XXVII of 1977 a new section 85-A was
inserted in the Motor Vehicles ACt, 1939, hereinafter
referred to as ’the Act’ Section 85-A provides as follow:
"S. 85-A Every person driving or riding (otherwise than
in a side car) on a motor cycle of any class shall, while
in a public place. wear a protective headgear of such
description as may be specified by the Central Government by
rules made by it in this behalf, and different descriptions
of headgears may be specified in such rules in relation to
deferent circumstances or different class of motor cycles:
Provided that the provisions of this section shall not
apply to a person who is a Sikh, if he is,while driving or
riding on the motor cycle, in a public place, wearing a
turban:
Provided further that the Central Government may, by
such rules, provide for such exceptions as it may think
fit."
Sub-section (2) of section 1 of Act XXVII of 1977
provides that the Amendment Act shall come into force on
such date as the Central Government may, by notification in
the Official Gazette, appoint and different dates may be
appointed for different provisions of the Amendment Act. In
view of sub-section (2) of section 1 of Act XXVll of 1977,
the Central Government by a notification dated May 14, 1980
fixed November 1 1980 as the date on which the provision of
section 85-A would come into force. But, by another
notification dated October 3 1, 1980, the earlier
notification dated May 14, 1480 fixing the date of
enforcement of section 85-A as November 1, 1980 was
cancelled.
It is contended by Mr. Ghatate, learned Counsel
appearing on behalf of the petitioner, that in view of the
cancellation of the notification dated May 14, 1980, section
85-A has not come into force and, as such, there is no
provision in the Motor Vehicles Act providing for wearing of
protective headgear or helmet by the driver of a motor-cycle
of any class while driving the same. It is submitted that in
the absence of any specific provision in the Act, rule 498-A
is ultra vires the Act itself and, consequently, the
impugned notification issued under section 21(1) of the
Hyderabad City Police Act is illegal and should be struck
down.
As there was some doubt as to whether section 85-A had
come into force by virtue of the notification date May14-
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1980 and whether the Central Government had the power to
cancel-l the said notification by the subsequent
notification dated October31,1980, we thought it expedient
to request the learned Attorney General to appear and assist
the Court. In compliance with our request, the learned
Attorney General has appeared before us, but we are of the
view that no assistance will by necessary on the point, as
we do not think that we are for the reasons state called
upon to adjudicate upon the question hereafter. The learned
Attorney General has, however, assisted us in disposing of
this petition, and we are thankful to him.
We shall proceed on the assumption that section 85-A has
not yet been enforced by the Central Government. We may now
deal with the question as to the legality or otherwise of
rule 498-A. The said rule has been framed by the State
Government by virtue of its rule making power under clause
(i) of sub-section (2) of section 91 of the Act.
PG NO 637
Sub-section ( 1) of section 91 and clause (i) of sub-
section (2) provide as follows:
"91(1) The State Government may make rules for the
purpose of carrying into effect the provisions of this
Chapter.
(2) Without prejudice to the generality of the foregoing
power, such rules may provide for
(i) generally, the prevention of danger, injury or
annoyance to the public or any person, or of danger or
injury to property or of obstruction to traffic;"
It is urged on behalf of the petitioner that rule 498-A
does not and cannot come within the rule making power of the
State under clause (i) of sub-section (2) of section 19 of
the Act, for it does not refer to the driver of a motor-
cycle or scooter. It is true that clause (i) does not refer
to the driver of a motor-cycle or a scooter, but it is much
wider inasmuch as it provides, inter alia, for the
prevention of danger, injury or annoyance to the public or
any person. It is not disputed that rule 498-A has been
framed for the purpose of protecting the head from being
injured in cast of an accident. It is common knowledge that
head of the driver of a two-wheeler vehicle is the main
target of an accident and often it is fatal to the driver.
By insisting on the wearing of a helmet by the driver
driving a two-wheeler vehicle rule 498-A intends to protect
the head from being fatally injured in case of an accident.
Clause (i) is wide enough to include the driver of a motor-
cycle or a scooter. The expression "any person"in clause (i)
also inlucdes within it a driver of a two-wheeler vehicle.
We are unable to accept the contention of the learned
Counsel for the petitioner that the words "any person" do
not include the driver of a two-wheeler vehicle and the rule
is intended to prevent the danger, injury or annoyance to
the public or any person other than the driver of a two-
wheeler vehicle. In our view, clause (i) is also intended
for the prevention ot danger, injury or annoyance to the
public or any person including the driver of a two-wheeler
vehicle. In our view. clause (i) is also in Tended for the
prevention of danger, injury or annoyance to the public or
any person including the driver of a two-wheeler vehicle.
rule 498-A is, therefore, quite legal and valid, in spite of
the absence of any provision like section 85-A.
PG NO 638
It is submitted by the learned Attorney General that
even assuming that rule 498-A does not come within the
purview of clause (i) of sub-section (2) of section 91,
still the State Government could frame such a rule under
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sub-section ( 1) of section 9 1. The learned Attorney
General submits that the clauses under sub-section (2) of
section 91 are only illustrative and not exhaustive and the
power is real under sub-section (1). In support of his
contention, he has referred to a decision of this Court in
Om Prakash and others v. Union oflndia and others, AIR 1971
SC 77 1 where it has been observed by this Court that it is
a well-established proposition of law that where specific
power is conferred without prejudice to the generally of the
general power already specified, the particular power is
only illustrative and does not in any way restrict the
general power. In the instant case also, the general power
is in sub-section (1) and sub-section (Z) contains illust-
rations and does not, in any way, restrict the general power
under sub-section (1). Thus, even assuming that rule 498-A
is not covered by clause (i) of sub-section (2), it is quite
immateriaI inasmuch as such a rule can be framed in exercise
of the general power under sub-section (1) for the purpose
ot carrying into effect Chapter V1 relating to con-
trol of traffic. There is, therefor, no substance in the
contention of the petitioner that rule 498-A is ultra vires
the provision of the Act.
The next attack to rule 498-A and to the impugned
notification is based on the fundamental right of a Citizen.
It is submitted that the compulsion for the wearing of a
helmet by the driver of two-wheeler vehicle is an
infringement of the freedom of movement of such a driver,as
guaranteed by Article 19(1)(d) do the Constitution, and that
such compulsion be rule 498-A interfering with the freedom
of movement, not having made in accordance with the
procedure established by law, is also violative of Article
21 of the Constitution. The contention does not at all
commend to us. Rule 498-A ensures protection and safety to
the head of the driver of a two-wheeler vehicle in case of
an accident. There can be no doubt that rule 498-A is framed
for the benefit, welfare and the safe journey by a person in
a two-wheeler vehicle. It aims at prevention of any accident
being fatal to the driver of a two-wheeler vehicle causing
annoyance to the public and obstruction to the flow of
traffic for the time being. It is difficult to accept the
contention of the petitioner that the compulsion for putting
on a headgear or helmet by the driver, as provided by rule
498-A,restricts or curtails the freedom of movement. On the
contrary, in our opinion, it helps the driver of a two-
wheeler vehicle to drive the vehicle in exercise of his
freedom of movement without being subjected to a constant
apprehension of a fatal head injury, if any accident takes
PG NO 640
place. We do not think that there is any fundamental right
against any act aimed at doing some public good. Even
assuming that the impugned rule has put a restriction on
the exercise of a fundamental right under Article 19(1)(d)
such restriction being in the interest of the general
public, is a reasonable restriction protected by Article
19(5) of the Constitution. As rule 498-A has been framed in
accordance with the procedure established by law, that is,
in exercise of the rule making power conferred on the State
Government under section 91 of the Act, as discussed above,
the question of infringement of Article 21 of the
Constitution does not arise. The contention of the
petitioner that rule 498-A and the impugned notification
dated July 8,1986 issued by the Commissioner of Police in
exercise of his powers under section 21(1) of the Hyderabad
City Police Act, infringe the fundamental right of the
petitioner under Article 19(l)(d) and Article 21 of the
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Constitution, is devoid of merit and is rejected.
As to the contention of the petitioner that the wearing
of the helmet causes some ailments, we do not think that
there is any merit in the contention, particularly in view
of the medical opinions of some Neuro-Surgeons of repute,
as referred to by the High Court in its judgment. The
contention has not also been seriously pressed before us.
The High Court was, therefore, perfectly justified in
rejecting the contention.
For the reasons aforesaid, the special leave petition is
dismissed. As no notice has been served on the respondent,
there will be no order as to costs.
N.V.K. Petition dismissed.