TRAI Seeks Transfer of TDSAT Jurisdiction Dispute to Supreme Court

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TRAI seeks transfer of TDSAT jurisdiction dispute to SC

Telecom Regulatory Authority of India (TRAI) Friday sought Supreme Court directions to transfer a pending matter from Delhi High Court to Supreme Court, regarding TRAI's challenge to Telecom Disputes Settlement and Appellate Tribunal's (TDSAT) jurisdiction to adjudicate a challenge against TRAI regulation. The regulator (TRAI) is challenging tribunal's (TDSAT) jurisdiction to hear validity of a regulation framed by TRAI, which according to TRAI is not appealable.

TRAI on 06.01.2005 had notified the Telecommunications Inter Connection Usage Charges (Fourth Amendment) Regulation which was challenged by MTNL on 19.01.2005 before TDSAT. TRAI had raised a preliminary objection to TDSAT's jurisdiction in its first reply itself but the objection was dismissed by TDSAT on 31.01.2005. This order of TDSAT was challenged by TRAI in Delhi High Court on 10.02.2010.

Supreme Court bench of Chief Justice SH Kapadia, Justice KS Radhakrishnan and Justice Swatanter Kumar today issued notice and sought a reply from TDSAT as to why the case should not be shifted from High Court to the apex court. TRAI has submitted that an appeal of similar nature and involving same question of law is pending before the Supreme Court and therefore this case may also be transferred to the Supreme Court only.

TRAI contends that TDSAT can only hear and dispose of appeal against any direction, decision or order of TRAI and not against a regulation framed by TRAI in exercise of its power under TRAI Act. Further that regulation is in nature of subordinate legislation it is beyond any challenge before an appellate body.

source :: http://www.lawetalnews.com/NewsDetail.asp?newsid=2888

A very valid contention by TRAI.

TRAI's regulations are like legislations.

Legislations cannot be contested in judicial institutes unless it infringes upon fundamental rights and constitution.

TDSAT can only interpret TRAI's regulations to address the grievance of an applicant and cannot nullify regulations itself.

The powers of TDSAT and TRAI in telecom domain are analogous to the powers of Supreme Court and Parliament in national domain.

TRAI's regulations can only be changed/challenged in another superior legislative body called Parliament and not in any judicial institutes.