The Karnataka government is reportedly considering formulating a policy to legalise bike taxi services in the state, even as it challenges a High Court (HC) ruling on the matter in the Supreme Court (SC).

A top government official told Economic Times that the state’s special leave petition (SLP) is focused on “technical flaws” in the January 23 judgment of the HC, and is not linked to any future policy decision.

“It (SLP) has nothing to do with framing a policy, which we may still consider at a later date,” the source reportedly added. 

For context,  an SLP is a request made to the Supreme Court of India to review a lower court’s decision. The HC order had allowed bike taxi operations to resume operations in the state.

The clarification came after the Bike Taxi Welfare Association wrote to chief minister Siddaramaiah on April 21, raising concerns over the lack of clarity on the matter. The association said the delay in formulating a policy for bike taxis has pushed riders into “a state of despair”.

The state government is proceeding cautiously given opposition from auto unions and the scale of impact on riders.

In its SLP, the state has reportedly argued that allowing motorcycles to operate as taxis falls under its discretion. It is also arguing that the HC’s division bench overstepped its mandate by directing registration and permitting operations, calling it a case of “judicial legislation”. 

The petition also said that restricting bike taxis is a policy decision based on public safety.

It is pertinent to note that the state government banned bike taxi services in March 2024, citing non-compliance with its electric vehicle policy. Ride-hailing platforms including Ola, Uber and Rapido later challenged the move.

In April 2024, a single-judge bench of Justice B M Shyam Prasad ruled that such services cannot operate without a policy in place.

However, on January 23, a division bench of the HC, comprising Chief Justice Vibhu Bakhru and Justice CM Joshi, set aside that order while hearing appeals by the ride-hailing platforms. It also allowed bike taxi operations to resume operations in the state.

The court also asked operators to apply for registration of two-wheelers as transport vehicles or contract carriages. It said the state government retains the authority to examine such applications, but cannot deny them solely on the ground that motorcycles cannot be used as transport vehicles.

The High Court had earlier also pulled up the state government for delays in framing regulations for bike taxi operations and indicated that it may lift the ban if rules are not introduced.

The issue remains a point of contention across state governments, even as the Centre updated the Motor Vehicles Aggregator Guidelines in 2020 to allow bike taxis. However, the final decision on permitting such services rests with the state governments.

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