Committee cites Articles 256 and 257 of the Constitution, seeks directions to Himachal Pradesh government and removal of toll barriers on National Highways
Shimla: A struggle committee has sought intervention from the Central Government over toll barriers operating on National Highways in Himachal Pradesh, claiming that the collection of tolls by the state government is unconstitutional and contrary to the constitutional division of powers.
Uttansh Monga, Legal Advisor to the Struggle Committee and a High Court advocate, has submitted a representation to the Union Ministry of Road Transport and Highways, Ministry of Home Affairs, National Highways Authority of India (NHAI) and other concerned authorities, urging them to take action against toll barriers functioning on National Highways in the state.
The representation alleges that tolls are being collected under the Himachal Pradesh Toll Act, 1975, at locations including Parwanoo, Garamoura, Mehatpur, Kala Amb, Kandwal and Baddi. According to the committee, National Highways fall under the Union List of the Constitution, giving the Central Government exclusive legislative and executive authority over them.
The committee has argued that Parliament has already enacted laws governing National Highways and that the operation of a separate toll regime by the state government raises constitutional concerns. The representation cites Articles 246 and 254 of the Constitution and claims that the continuation of toll collection on National Highways amounts to an encroachment on powers vested with the Centre.
Questions have also been raised over the state’s toll policy for 2026-27. The representation states that National Highways have been included within the definition of “Road Infrastructure” under the policy. The committee contends that bringing National Highways under the scope of a state toll policy is inconsistent with the constitutional framework governing the division of powers between the Union and the states.
Invoking Articles 256 and 257 of the Constitution, Monga has urged the Central Government to issue appropriate directions to the Himachal Pradesh government. The representation states that these constitutional provisions empower the Centre to ensure that states act in accordance with the Constitution and laws enacted by Parliament.
The committee has sought the removal of toll barriers operating on National Highways and requested the Centre to seek a detailed report from the concerned authorities regarding the matter. It has also claimed that objections had been raised by central agencies in the past regarding such toll barriers, but the issue remains unresolved.
According to the representation, farmers and social organisations have joined the campaign against the toll barriers. These include Punjab Morcha, Kirti Kisan Morcha, Jan Kalyan Committee (Halka Sri Anandpur Sahib) and Kisan Union Behramke. The Struggle Committee said the issue has been receiving support from various organisations across North India and has emerged as a matter concerning constitutional rights and federal governance.
