From,

Sachin Solomon AMIE

To,
The President
Institution of Engineers (India)
8 Gokhale Road, Kolkata-700020

Respected Sir,
I write to bring attention to a longstanding aspiration among Indian engineers – the establishment of a
statutory regulatory body for Engineers. The Engineering Council of India (ECI) has emerged as a
consortium of professional organizations, positioning itself as the apex authority within the
engineering profession in the country. ECI has initiated the registration of professional engineers
under the aegis of the Board of Registration of Professional Engineers (BRPE). It is noteworthy
that ECI itself functions as a professional organization. Given this context, it is imperative to highlight
that the Institution of Engineers should take proactive steps to shoulder the responsibility for creating
a regulatory board for the registration of engineers in India.
Efforts to establish an Engineers Bill in India date back to the late 1950s. The "Scientific Policy
Resolution" adopted in 1958 emphasized the importance of technology and the need for measures to
create facilities for scientific research and technical training. The subsequent decades witnessed
significant milestones:
1970: A committee chaired by Shri G. S. Barve recognized the lack of consultancy services and
recommended legislation for engineering profession regulation.
1985: The Association of Consulting Engineers (India) prepared the first draft of the Engineers Bill,
marking a significant step towards recognizing and regulating the engineering profession.
1990: The Ministry of Human Resource Development (MHRD) was designated as the nodal ministry
for the Engineers Bill, and in 1991, it was instructed to process the draft bill.
2000: The Association of Consulting Engineers (India) and the National Association of Consulting
Engineers India filed a Public Interest Litigation (PIL) to push for the enactment of the draft
Engineers Bill. This led to a court judgment directing engineers to form a consensus and present the
draft bill to the government.
2004: The Engineering Council of India (ECI) prepared a second draft of the Engineers Bill and
submitted it to the MHRD for review and approval. However, the MHRD decided to give the
responsibility of regulating the engineering profession to the All-India Council for Technical
Education (AICTE).
Delhi High Court Ruling on AICTE's Mandate: The move by the MHRD to entrust the regulation
of the engineering profession to the AICTE was challenged by the Engineering Consultants in the
Delhi High Court case of W.P. (Civil) No 755-756/2004. The court ruled in Favor of the Engineering
Consultants, decreeing that AICTE had no mandate to regulate Engineering profession. It also decreed
that a separate body should be created for that purpose.
Committee Formation: Following the Delhi High Court ruling, the MHRD formed a committee
chaired by Dr. D. P. Aggarwal, a member of the Union Public Service Commission, to draft the third
version of the Engineers Bill in 2005. Subsequently, in 2007, another committee was headed by Sh.
R.V. Shahi, Retd. Secretary to the Government of India, Ministry of Power, was formed to prepare a
fourth draft.
IEI Royal Charter Significance: Although significant efforts were made to draft the Engineers Bill,
challenges and uncertainties persist regarding its implementation. Certain voices put forth the
argument that the Royal Charter bestowed upon the Institution of Engineers (India) held sufficient
weight, leading to a statement being made on the floor of the Parliament indicating that the Engineers
Bill was unnecessary, effectively bringing an end to the discussion.
Following Er E Sreedharan's (The Metro Man) advocacy for the mandatory registration of engineers
with a statutory body to practice the skills, a subsequent committee was established under the
leadership of Prof. M S Ananth, former director of IIT Madras. This committee was tasked by the
AICTE with the responsibility of creating a preliminary framework for legislation pertaining to the
engineering profession. The committee interacted with engineers in February 2019 and submitted
their draft Engineers Bill to the MHRD in September 2019. It is imperative to acknowledge that the
committee is composed of academicians who lack industrial expertise. It is prudent to assert that this
approach may not be optimal for the drafting of a bill pertaining to professional engineers.
Legal Validity and Role of the Institution of Engineers (India):
The Institution of Engineers (India) holds a prestigious position as a leading professional
organization, boasting a remarkable legacy and a well-established presence within the
engineering community. Its inception dates to 1920, and ever since, it has played a crucial
role in advancing engineering excellence, fostering professional development, and upholding
ethical standards. The legal standing and credentials of the Institution of Engineers (India)
(IEI) lend credibility to its recognition as the regulatory body for engineers in India. The
ensuing points offer a comprehensive overview of the legislative framework and established
precedents that reinforce IEI's esteemed status and authoritative mandate.
1. Establishment and Royal Charter:
o IEI was established in 1920 under the Indian Companies Act 1913 with the objective
of promoting and advancing engineering for industrial development throughout India.
o In 1935, IEI was granted a Royal Charter of Incorporation by His Majesty King
George V, endowing it with the status of a Body Corporate and politic with perpetual
succession and a common seal.
2. Legal Validity of IEI Royal Charter:
o The IEI Charter 1935 remains in force as a law in India and has not been repealed,
amended, or modified since its enactment.
o The Indian Independence Act 1947 recognizes the IEI Charter 1935 as an existing
law, which remains in force in India.
o The India (Consequential Provision) Act 1949 confirms the validity and continued
force of the IEI Charter in India.
o The IEI Royal Charter is a valid written instrument containing a grant by the Crown
with the authority of an Act of Parliament, which can only be repealed by another act
of Parliament, as affirmed by the then Attorney General of India, Mr. M C Setalvad,
in his opinion dated 25/07/1958.
3. IEI as a Body Politic:
o IEI is designated as a "Body Politic" under its chartered constitution, which typically
refers to a corporation invested with powers and duties of government.
o As a public corporation, IEI acts as an advisory body on behalf of the Government of
India, local governments, municipalities, and other relevant bodies, concerning
matters affecting engineers and engineering.
o IEI's statutory function covers official certifications of engineers' competency
authorization and the formulation of procedures, policies, and engineering regulations
in India.
4. Judicial Support for IEI's Legal Validity:
o In the case MA No.2367 OF 2018 IN CIVIL APPEAL NO.17922 OF 2017, the
Supreme Court of India affirmed the decision of the High Court of Punjab and
Haryana at Chandigarh in the case of Kartar Singh v. Union of India & Others, which
was originally heard under CWP No. 1640 of 2008. The case pertained to the
Institution of Engineers (India) Royal Charter and its significance.
 o The High Court of Chhattisgarh, Bilaspur, in WP No. 2374 of 2003, acknowledged
the legislative character of the IEI Royal Charter, subjecting it to the force of law
under Article 372 of the Constitution. This ruling establishes IEI as a statutory body
and allows for the application of writ petitions under Article 226.
o The legal opinions and court judgments emphasize the validity and legislative
character of the IEI Royal Charter, reinforcing its role as a regulatory body for
engineers in India.
5. International Recognition and Signatory Status:
o IEI is an active signatory to the International Professional Engineers Agreement
(IPEA), facilitating the mutual recognition of qualifications and competencies of
engineers among signatory countries.
o IEI's signatory status with the IPEA signifies its commitment to ensuring professional
competence, ethical conduct, and global standards in engineering and entrust the
power to hold International Professional Engineers register.
o IEI's international recognition enables qualified engineers registered with IEI to be
recognized as professional engineers in other signatory countries, promoting
international mobility and collaboration.
Conclusion:
In conclusion, the Institution of Engineers (India) stands as a nationwide entity with an extensive
network spanning over 100 State and Local Centres, uniquely positioning it to oversee engineer
registration in India. This position is underpinned by robust legal standing, judicial endorsements, and
international recognition, making it the ideal candidate to serve as the official engineer registration
body for India.
Such recognition would not only ensure the maintenance of high professional standards and the
promotion of ethical conduct but also enable Indian engineers to gain global acknowledgment. The
ruling by the Delhi High Court on W.P. (Civil) No 755-756/2004 reaffirms the necessity of a
competent body, like the Institution of Engineers, to regulate engineering in India.
Furthermore, the Institution of Engineers (India) has already been granted the mandate by the
International Engineering Alliance (IEA) to maintain the register of International Professional
Engineers in India. This international recognition underscores its credibility on the global stage.
Hence, it is imperative to confer formal recognition and authority upon the Institution of Engineers
(India) as the exclusive regulatory body for engineers in India. Establishing an autonomous board
within the Institution, dedicated solely to the regulatory aspects of engineer registration, presents a
feasible and prudent solution. Acquiring parliamentary approval through an Act of Parliament for the
establishment of this board would not only strengthen the legal framework governing the engineering
profession but also significantly contribute to the holistic development and progress of the nation.