Shimla: The constitutional validity of entry toll collection on national highways in Himachal Pradesh has come under fresh scrutiny after a Joint Action Committee of farmers’ organisations and social groups submitted an 80-page petition to the President of India, questioning the state’s authority to levy tolls on roads under the jurisdiction of the Central Government.
The petition, filed by High Court advocate and legal advisor to the committee, Uttansh Monga, has been formally registered at the Rashtrapati Bhavan. It seeks directions under Articles 256 and 257 of the Constitution to the Himachal Pradesh government for the removal of all entry toll barriers established on national highways and for an immediate halt to toll collection.
According to the petition, the power to impose and collect tolls on national highways lies exclusively with Parliament under Article 246 of the Constitution, read with Entries 23 and 96 of the Union List in the Seventh Schedule. It argues that the Himachal Pradesh Legislative Assembly lacks the legislative competence to enact laws authorising toll collection on national highways.
The petition challenges toll collection being carried out under the Himachal Pradesh Tolls Act, 1975, and related government policies, contending that these provisions violate the constitutional distribution of legislative powers between the Union and the States under Part XI of the Constitution. It also raises questions under Article 254, which deals with inconsistencies between Central and State legislation.
The Joint Action Committee has urged the President to invoke Article 256 and direct the Himachal Pradesh government to act in accordance with the Constitution and parliamentary laws governing national highways. The petition further argues that the state’s actions are interfering with the executive authority of the Central Government in matters relating to national highways.
As part of its submissions, the committee has referred to correspondence from the National Highways Authority of India (NHAI), including letters from the Project Director of the NHAI’s Mandi unit. According to the petition, the authority had repeatedly requested the state government to remove toll barriers erected on national highways, stating that they were affecting the operation, maintenance, development and administration of these roads and hampering the discharge of responsibilities assigned under the National Highways Act, 1956.
The petition also challenges the Himachal Pradesh Toll Policy for 2026–27, alleging that it includes national highways within the definition of road infrastructure. According to the committee, this reflects the state’s assertion of authority over a subject reserved exclusively for the Union Government under the Constitution.
The petition further claims that the Himachal Pradesh government collects approximately ₹150 crore to ₹200 crore annually through toll barriers installed on national highways. It contends that the state is generating substantial revenue from collections whose constitutional validity is now under challenge.
The Joint Action Committee has maintained that the issue goes beyond toll collection and concerns the constitutional division of powers between the Centre and the States. The petition seeks appropriate intervention by the President to ensure compliance with constitutional provisions governing national highways and the respective legislative powers of Parliament and State Legislatures.
