Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Telecom Consumers Protection (Ninth Amendment) Regulations 2015 - Validity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Telecom Consumers Protection (Ninth Amendment) Regulations, 2015 - Validity of - As per the amendment of the Regulations every originating cellular mobile telephone service provider was made liable to credit the calling consumer with one rupee for each call drop, upto a maximum three call drops per day - Validity of the amendment challenged - High Court upheld its validity - On appeal, held: The amending Regulation is ultra vires the Telecom Regulatory Authority of India Act, 1997 as it does not carry out the purpose of the Act - It is violative of the fundamental rights of the service providers as provided in Art. 14 and 19(1)(g) of the Constitution - The Regulation is also liable to be struck down on the ground that it amounts to interference with the licence conditions of the service providers without authority of law and also because it completely avoids the adjudicatory process - Telecom Regulatory Authority of India Act, 1997 - Constitution of India - Arts. 14 and 19(l)(g) - Quality of Service Regulations, 2009. Constitution of India: Arts. 14, 19(1)(g) and 19(6) - Constitutional validity of Telecom Consumers Protection (Ninth Amendment) Regulations, 2015 - Held: In order to pass Constitutional muster u/Art.14, the Regulation should not be manifestly arbitrary - So far as Art.19(1)(g) is concerned, u!Art. 19(6), the State has to conform to two separate and independent tests i.e. test of 'reasonable restriction' and test of 'public interest' - The test of reasonable restriction is distinct from the test of the law being in general public interest - In the present casij though the Regulation might have been brought in the interest of general public, it is manifestly arbitrary and therefore violative of Art. 14 and is an unreasonable restriction on the fundamental right of the service providers granted u/Art. l 9(1)(g) and the same has been framed without intelligent care and deliberation. Arts.19(l)(g) and 19(6) - A proper balance between the freedoms guaranteed u/Art. 19(1)(g) and the control permitted u/Art. 19(6) must be struck in all cases before the impugned law can be B said to be a reasonable restriction in the public interest. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2016 INSC 410 |
Petitioner | Cellular Operators Association Of India And Others |
Respondent | Telecom Regulatory Authority Of India And Others |
SCR | [2016] 9 S.C.R. 1 |
Judgement Date | 2016-05-11 |
Case Number | 5017 |
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