Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Power of Telecom Regulatory Authority |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Telecom Regulatory Authority of India Act, 1997:s.36 - Power of Telecom Regulatory Authority of India(Authority) to frame regulations - Held: Under sub-s. (1) ofs.36, the Authority can make regulations to carry out the purposes of the Act specified in various provisions of the Act including ss. 11, 12 and 13 - The Authority can make regulations which may empower it to issue directions of general character applicable to service 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 s.12(4) and 13 - Power vested in the Authority u/s 36(1) to make regulations is wide and pervasive - 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 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 particularisation of topics is merely illustrative and does not limit the scope of general power - Interpretation of Statutes - Delegated legislation - Doctrine of occupied field. ss. 33, 36 and 37 - Power of Authority to frame 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 u/s 35 and being in 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 review of regulations framed by Authority - Held: In exerciseof the power vested in TDSAT u/s 14(b), it does not have the jurisdiction to entertain the challenge to the regulations framed by the Authority u/s 36 - The amendment is intended to vest original jurisdiction of the Authority in TDSAT and the same is achieved by s. 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 exercise that power u/s 14(b)- Telecom Regulatory Authority of India (Amendment) Act, 2000. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 808 |
Petitioner | Bharat Sanchar Nigam Limited |
Respondent | Telecom Regulatory Authority Of India And Others |
SCR | [2013] 12 S.C.R. 999 |
Judgement Date | 2013-12-06 |
Case Number | 5253 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |