LexBHARAT SANCHAR NIGAM LIMITED versus TELECOM REGULATORY AUTHORITY OF INDIA AND OTHERS
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\ [2013] 12 S.C.R. 999 BHARAT SANCHAR NIGAM LIMITED v. TELECOMREGULATORY AUTHORITY OF INDIA AND OTHERS (Civil Appeal No. 5253 of 2010) DECEMBER 6, 2013 [G.S. SINGHVI, DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] A B Telecom Regulatory Authority of India Act, 1997: C s.36 - Power of Telecom Regulatory Authority of India (Authority) to frame regulations - Held: Under sub-s. (1) of s.36, the Authority can make regulations to carry out the purposes of the Act specified in various provisions of the Act D including ss. 11, 12 and 13 - The Authority can make regulations which may empower it to issue directions of general character applicable to seNice providers and others and it cannot be said that by making regulations u/s 36(1) , the Authority has encroached upon the field occupied by E s.12(4) and 13 - Power vested in the Authority u/s 36(1) to make regulations is wide and peNasive - Exercise of this power is only subject to the provisions of the Act and the Rules framed u/s 35 thereof- It is not controlled or limited by s.36(2) or ss.11, 12 and 13 - There is nothing in the language of s.36(2) from which it can be inferred that provisions contained F therein control the exercise of power by Authority u/s 36(1) or that s.36(2) restricts the scope of s.36(1) - It is settled law that if power is conferred upon an authority/body to make subordinate legislation in general terms, the particularization of topics is merely illustrative and does not limit the scope of G general power - Interpretation of Statutes - Delegated legislation - Doctrine of occupied field. ss. 33, 36 and 37 - Power of Authority to frame 999 H 1000 SUPREME COURT REPORTS [2013) 12 S.C.R. A regulations - Held: The power u/s 36 is legislative -This power is non-delegable - By virtue of s.37, regulations made under the Act are placed on par with the rules which can be framed by Central Government uls 35 and being 7n the nature of subordinate legislation, rules and regulations have to be laid B before both the Houses of Parliament which can annul or modify the same - Thus, regulations framed by Authority can be made ineffective or modified by Parliament and by no other body - Delegated legislation. s.14(b)(as amended by Amendment Act, 2000) - Judicial C review of regulations framed by Authority - Held: In exercise of the power vested in TDSAT uls 14(b), it does not have the jurisdiction to entertain the challenge to the regulations framed by the Authority uls 36 - The amendment is intended to vest original jurisdiction of the Authority in TDSA T and the D same is achieved bys. 14(a) - The appellate jurisdiction exercisable by High Court is also vested in TDSA T by virtue of s.14(b) - Since High Court while hearing appeal did not have the power of judicial review of subordinate legislation, the transferee adjudicatory forum, i.e., TDSAT cannot E exercise that power u/s 14(b)- Telecom Regulatory Authority of India (Amendment) Act, 2000. In the instant appeals, a two Judge Bench made a reference to the larger Bench for determination of certain F substantial questions of law of public importance. When the matters were listed before the three-Judge Bench, counsel for the parties agreed that a preliminary issue relating to jurisdiction of the Telecom Disputes Settlement Appellate Tribunal (TDSAT) to entertain challenge to the . regulations framed by the Telecom Regulatory Authority G of India (Authority) may be decided first. Therefore, the question for consideration before the Court was: Whetlier in exercise of the power vested in it uls 14(b) of the Act, TDSAT has the jurisdiction to entertain challenge to the regulations framed by the Authority uls 36 of the Act. H BHARAT SANCHAR NIGAM LTD v. TELECOM 1001 REGULATORY AUTH. OF INDIA Answering the reference, the Court A HELD:1.1. Under the Telecom Regulatory Authority of India Act, 1997 (un-amended Act), the Telecom Regulatory Authority of India had three types of functions, namely, recommendatory functions, regulatory functions B and adjudicatory functions. With a view to overcome the difficulties experienced in the implementation of the Act, certain amendments were brought by the Telecom Regulatory Authority of India (Amendments) Act, 2000. One of the important features of the Amendment Act was the establishment of a Tribunal known as the Telecom C Disputes Settlement and Appellate Tribunal (TDSAT). [Para
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