The Department of Telecommunications (DoT) has sought legal opinion if it is duty bound to follow the Telecom Regulatory Authority of India (TRAI)?s advice on policy issues.
In 2010, DoT, under former telecom minister A. Raja, had obtained the law ministry?s support to bypass the regulator. Solicitor general Gopal Subramanium, in his legal opinion, had said the ministry can change the terms and conditions of existing licences and TRAI?s recommendations were not binding on the government.
Thereafter, TRAI had obtained legal opinion independently on the same subject from former Supreme Court Judge BP Jeevan Reddy that said DoT cannot modify the licences of existing mobile phone firms without consulting the authority. Reddy added that DoT must review the opinion given by the solicitor general.
Prior to seeking legal opinion, TRAI told DoT that it should first consult it before taking any decision on the opinion of the Solicitor General. DoT has now decided to send both sets of opinion, the one given by the Solicitor General and that of Reddy, back to the law ministry wanting the latter to take a final call on this issue. In the interim period, it has also decided against acting on Gopal Subramanium’s opinion.
