Allahabad High Court Quashes Lucknow Residency Rule for E-Rickshaw Registration, Calls It Arbitrary and Unconstitutional
Court Says Restriction Violates Right to Equality, Livelihood, and Freedom of Occupation
Judges Stress Lucknow as Capital Must Welcome Workers from Across Uttar Pradesh
By Our Legal Reporter
New Delhi: November 29, 2025:
In a landmark judgment, the Allahabad High Court has quashed a government order that restricted the registration of new e-rickshaws and e-autos in Lucknow only to permanent residents of the city. The Court declared the rule arbitrary, unconstitutional, and violative of fundamental rights, providing relief to thousands of workers who migrate to Lucknow in search of livelihood.
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The ruling, delivered by a division bench of Justice Shekhar B. Saraf and Justice Brij Raj Singh, reinforces the principle that economic opportunities in urban centre’s cannot be restricted by residency requirements.
Background of the Case
- In February 2025, the Assistant Regional Transport Officer (ARTO), Lucknow, issued an order restricting registration of new e-rickshaws and e-autos to permanent residents of Lucknow only.
- The order was challenged by multiple petitioners, including migrant workers from other districts of Uttar Pradesh.
- Petitioners argued that the restriction violated their fundamental right to livelihood and freedom of occupation under Articles 14, 19(1)(g), and 21 of the Constitution.
- They also highlighted that Lucknow, being the capital city, attracts workers from across the state, and such restrictions would unfairly exclude them.
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Court’s Observations
The High Court made several critical observations:
- Violation of Fundamental Rights: The restriction was found to violate Article 14 (Right to Equality), Article 19(1)(g) (Right to Practice Any Profession), and Article 21 (Right to Life and Livelihood).
- Lucknow as a Capital City: The Court noted that Lucknow is a hub for workers from across Uttar Pradesh. Restricting registration to permanent residents would hinder migration and livelihood opportunities.
- Arbitrary Rule: The Court termed the residency requirement “arbitrary” and lacking any rational connection to public interest or regulation of transport.
- Encouraging Livelihood: The judges emphasized that urban centre’s must remain open to workers from rural areas, as restricting access would harm both individuals and the city’s economy.
Wider Legal Context
This ruling is consistent with earlier constitutional principles:
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- Supreme Court precedents have repeatedly held that restrictions on occupation must be reasonable and in the public interest.
- Article 19(1)(g) guarantees freedom of trade and occupation, subject only to reasonable restrictions.
- Article 21 has been interpreted to include the right to livelihood, making arbitrary restrictions unconstitutional.
By striking down the Lucknow residency rule, the Allahabad High Court reaffirmed these principles in the context of urban transport regulation.
Impact on Workers and Transport Sector
The ruling has significant implications:
- Relief for migrant workers: Thousands of workers from rural Uttar Pradesh who depend on e-rickshaws for livelihood can now register their vehicles in Lucknow.
- Boost to urban mobility: More registrations will increase the availability of affordable transport in Lucknow.
- Deterrent against arbitrary rules: The judgment sends a strong message to authorities against imposing discriminatory residency requirements.
- Economic inclusivity: The ruling ensures that Lucknow remains accessible to workers from across the state, supporting inclusive growth.
Reactions from Experts and Activists
- Legal experts hailed the judgment as a reaffirmation of constitutional rights.
- Transport unions welcomed the ruling, noting that residency restrictions would have excluded thousands of drivers.
- Social activists emphasized that the judgment protects migrant workers, who are often the backbone of urban economies.
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Conclusion
The Allahabad High Court’s decision to quash the Lucknow residency rule for e-rickshaw registration is a landmark in protecting the rights of workers and reinforcing constitutional guarantees. By declaring the rule arbitrary and unconstitutional, the Court has ensured that economic opportunities in Lucknow remain open to all residents of Uttar Pradesh.
This judgment not only benefits e-rickshaw drivers but also strengthens the principle that urban centre’s must remain inclusive, accessible, and free from discriminatory restrictions.
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