Shimla, June 2
A Shimla-based advocate has urged the Union Government to intervene against the continued collection of toll tax by the Himachal Pradesh Government on National Highways, alleging that the practice violates the constitutional distribution of powers between the Centre and the states.
In a detailed representation submitted to the Ministry of Road Transport and Highways (MoRTH), the Ministry of Home Affairs, the National Highways Authority of India (NHAI) and other authorities, advocate Uttansh Monga has sought the issuance of directions under Articles 256 and 257 of the Constitution for the removal of toll barriers operating on National Highways in the state.
The representation contends that National Highways fall within the exclusive legislative and executive domain of the Union Government and that the State Government lacks the authority to levy tolls on such roads under the Himachal Pradesh Tolls Act, 1975.
It argues that the continued collection of toll at barriers located at Parwanoo, Garamaura, Mehatpur, Kala Amb, Kandwal, Baddi and other locations raises serious constitutional concerns relating to Articles 246 and 254 of the Constitution.
According to the representation, Parliament has already enacted laws governing National Highways and the levy of tolls thereon, making the State’s parallel toll regime constitutionally questionable.
It further claims that the existence of state-operated toll barriers on National Highways hampers the effective administration and management of these roads by central agencies, including the NHAI.
The advocate has also drawn attention to the Himachal Pradesh Government’s Toll Policy for 2026-27, alleging that it explicitly includes National Highways within the definition of “Road Infrastructure” despite such highways being under Union jurisdiction.
The representation argues that this inclusion reflects an overreach into a field reserved for the Centre under the Constitution.
The memorandum further notes that several farmer organisations and public groups have, over the years, opposed the toll barriers and demanded their removal, particularly those situated at the state’s entry points.
Seeking central intervention, the representation requests the Union Government to direct the Himachal Pradesh Government to discontinue and remove toll barriers operating on National Highways, seek reports from the state authorities and NHAI, and examine the constitutional validity of the existing toll collection framework.
No response from the State Government or central authorities was available at the time of filing this report.
About the Author
