Move to auto-debit traffic challans is unconstitutional: BRS

The proposal to collect traffic challans by automatically debiting citizens’ bank accounts (auto-debit) is extremely alarming, unlawful and contrary to the spirit of the Constitution, Bharat Rashtra Samithi (BRS) MLC Dasoju Sravan said.

Though enforcing traffic rules was the responsibility of the government, bypassing legal procedures and directly accessing citizens’ bank accounts amounts to an unacceptable overreach of State power, he said speaking to newspersons here on Tuesday.

A traffic challan was not a conviction but it was merely a notice of allegation. Every citizen has the legal right to offer an explanation, file an appeal or approach a court of law. The auto-debit mechanism would strip the citizens of these rights and would effectively impose a punishment without trial, violating the foundational principle of ‘innocent until proven guilty’.

Such a move clearly infringes upon Article 21 (Right to Life and Personal Liberty) and Article 300A (Right to Property) of the Constitution. Money held in a citizen’s bank account was personal property and no government has the authority to seize it without due process of law or a court order, Mr. Sravan pointed out.

Implementation of auto-debit for traffic challans would seriously undermine the fiduciary relationship between banks and customers and erode public trust in the banking system. Under Section 200 of the Motor Vehicles Act, a citizen has the clear option either to pay the challan or to contest it in a court. Auto-debit would completely eliminate this statutory choice, striking at the very core of democratic and legal safeguards, he added.