Role of the Supreme Court in reforming the telecom sector in India: a critical analysis
Student name: Mr Abhinav Kislay
Guide: Dr M P Ram Mohan
Year of completion: 2017
Host Organisation: TERI University
Abstract: This paper is a study about the role of the Supreme Court of India in the telecom
sector. The Supreme Court in India unlike any other country in the world plays a very
active role in reformation of the laws in the country. It not only plays the role of
protector of the rights of the citizens of the country but it also keeps a check on the
actions of the government. It criticizes the rules and regulations of the government
when needed and also issues guidelines where either the law is silent or has more
interpretations than one.
The Telecom sector in India is considered to be a major source of development of the
Indian Economy and GDP of the country. Through the major changes done by the
Indian Government in various national telecom policy, making entry for private
telecom operator easy, government had tried to strengthen this sector with immense
growth and proper upgradation of the various telecom sectors. Telecom industry in
India is a very huge industry which creates employment opportunities for a large
number of people every year. This industry consists of companies that make hardware
and also produce software. Presently, it contributes to a revenue of USD 33,500
million.
In telecom sector also, the Supreme Court has taken the front foot to improvise the laws
relating to the sector and also provided guidelines and rationale where the authorities
were lacking a concrete methodology to follow.
The citizens of our country have also played a very pivotal role in the reformation of the
telecom sector over the years. We have seen a number of Public Interest Litigations in
the telecom sector against the procedures and actions of the government and the
telecom authorities.
This study is an attempt to study the role of the Supreme Court in the telecom sector
over the years.
1.1. Research objectives:
The purpose of this paper is to;
• Study the historical development of the telecom industry
• Understand the present structure of the telecom industry
• Examine the role of the Supreme Court in the telecom industry
1.2. Scope of the Study:
This paper is proposed to examine India‟s telecom policy and schemes and how
the Supreme Court of India played crucial role in the reformation of the sector.
1.3. Research Methodology:
The research will be a purely doctrinal research as the scale of study is very
wide. Collection of data will be from online and library sources. This research shall
include the researcher‟s personal observations based on the data collected.
1.4. Research Hypothesis
The telecom industry of India is developing in a satisfactory manner providing ample
opportunities for development to the industrialist as well as the citizens.
The research finds out:
Telecom policy of India and the historical development of the sector.
The role of the Telegraph Act and TRAI Act.
