TDSAT has no power to examine Trai regulations: SC

The Supreme Court on 6 December ruled the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had no power to examine and decide questions on the regulations set by the Telecom Regulatory Authority of India (TRAI). Challenging the regulations was in the jurisdiction of high courts.

A bench headed by Justice GS Singhvi said that the tribunal and the Delhi High Court, which had held contrary to its order, is not correct. However, it said that any plea against such regulations can be decided by the High Court. It also said that the appropriate bench will decide other issued raised in the batch of petitions before the apex court.

TRAI had claimed that TDSAT has no jurisdiction to decide on the regulations framed by it but can decide only a direction, decision or an order passed by it.

“TDSAT is authorised only to hear and dispose of appeal against any direction, decision or order of the petitioner (Trai) under the Trai Act, 1997 and their is no provision to hear appeal against regulations framed by Trai in the exercise of its power under section 36 of the Act,” Trai had argued which seeking transfer of a petition filed by it in the Delhi High Court in 2006.

TRAI submitted that it has already challenged an order of TDSAT which had, on May 28, 2010, set aside telecommunication interconnection (port charges) Amendment regulation 2007.

In one of the petitions, filed by state-run firm BSNL, TDSAT had asked Trai to take a fresh look on the regulation which reduced port charges by about 23-29% on various slabs. Trai challenged this in July 2010.

TRAI had challenged the tribunal order of January 2005 in which TDSAT had said that it has jurisdiction to “examine the vires of a regulation”.

This was challenged by Trai before the Delhi High Court, where a single member Bench had dismissed the petition saying that regulation is a delegated legislation and TDSAT has power to decide on it.

TRAI has challenged the decision before a division Bench of the Delhi High Court.

Source: http://cablequest.org/news/legal-news/item/3780-tdsat-has-no-power-to-examine-trai-regulations-sc.htmlSource: http://cablequest.org/news/legal-news/item/3780-tdsat-has-no-power-to-examine-trai-regulations-sc.html