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) of

s.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 exercise

of 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.