Supreme Court of India

Cellular Operators Association of India v Telecom Regulatory Authority of India

Civil Appeal No. 5017 of 201620161 min read
The case in brief30-second read
Facts
TRAI's Ninth Amendment to the Telecom Consumers Protection Regulations 2015 required operators to credit Rs 1 to the caller for each call drop, up to three a day. Operators challenged it.
Issue
Whether the regulation was within TRAI's power and constitutionally valid.
Held
The regulation was struck down as ultra vires the TRAI Act and arbitrary, violating Arts.14 and 19(1)(g), since it imposed liability even where the drop was not the operator's fault.
Principle
Subordinate legislation must stay within the enabling Act and must not be manifestly arbitrary.
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Facts

  • TRAI's Ninth Amendment to the Telecom Consumers Protection Regulations 2015 required operators to credit Rs 1 to the caller for each call drop, up to three a day. Operators challenged it.

Issue

  1. Whether the regulation was within TRAI's power and constitutionally valid.

Held

  • The regulation was struck down as ultra vires the TRAI Act and arbitrary, violating Arts.14 and 19(1)(g), since it imposed liability even where the drop was not the operator's fault.

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Citation

Cellular Operators Association of India v Telecom Regulatory Authority of India Civil Appeal No. 5017 of 2016

Reported: https://api.sci.gov.in/jonew/judis/43615.pdf ; https://indiankanoon.org/doc/116404795/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.