Auto-debit of traffic challans unconstitutional, violates fundamental rights: Telangana leaders

Hyderabad: Telangana leaders on Tuesday said the proposal to recover traffic challans through automatic debit from bank accounts violated the Constitution and stripped citizens of due process.

They said a traffic challan only served as a notice of allegation and did not amount to a conviction. Any system that directly withdrew money, they argued, imposed punishment without trial. According to them, the proposal denied citizens the right to explain violations, file appeals or approach courts.

The leaders said auto-debit challans breached Article 21, which protects personal liberty, and Article 300A, which safeguards property rights. They stressed that money in a bank account constituted personal property and required legal process for recovery.

They also said banking laws and RBI norms barred debits without customer consent or court orders. Since banking fell under the Union List, they said, state governments lacked authority to enforce such recoveries.

Auto-debit challans undermine privacy and statutory safeguards

The leaders said the proposal threatened the right to privacy recognised by the Supreme Court in the Puttaswamy judgment. They said using bank account data for challan recovery amounted to excessive and intrusive state action.

They pointed out that Section 200 of the Motor Vehicles Act allowed citizens to either pay a challan or contest it in court. Auto-debit, they said, removed this statutory choice and weakened legal safeguards.

Calling the proposal an overreach, the leaders said governments must protect citizens’ wealth, not target bank accounts as revenue sources. If implemented, they warned, the system would erode trust in banks and governance.

They demanded immediate withdrawal of the auto-debit proposal and urged authorities to follow only constitutional and lawful procedures while respecting citizens’ rights.