APPELLATE TRIBUNALCentral

Section 14K of The Telecom Regulatory Authority of India Act, 1997

1[14K. Decision to be by majority.-- If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority who have heard the case, including those who first heard it.]

Summary

If two members on a Bench disagree on any point, they must write down the specific points of disagreement.
The Bench of two members must refer these points of disagreement to the Chairperson of the Appellate Tribunal.
The Chairperson must personally hear the points of disagreement referred by the Bench.
The final decision on the disputed points is determined by the majority opinion of all the members who heard the case, which includes the original two members and the Chairperson.

Practical examples

1In October 2026, Member Smith and Member Jones, sitting as a two-member Bench, disagreed on whether a telecom company's penalty should be fifty thousand rupees. They noted their disagreement and referred it to the Chairperson, who heard the arguments and sided with Member Smith, resolving the issue by a two-to-one majority.

2During an interconnect dispute appeal, two Bench members could not agree on the interpretation of a contract clause. They formally stated their difference of opinion and sent it to the Chairperson, who heard the case and broke the tie, enabling a majority decision.

FAQ

1. What happens if a two-member bench disagrees on a case under Section 14K of the Telecom Regulatory Authority of India Act, 1997?

Under Section 14K of the Telecom Regulatory Authority of India Act, 1997, if the two members of a bench have differing opinions on any point, they must state the specific points of disagreement and refer them to the Chairperson of the tribunal.

2. How is a tie vote or disagreement resolved on a bench under Section 14K of the 1997 Indian telecom regulator law?

Under Section 14K of the 1997 Indian telecom regulator law, the Chairperson hears the points of difference directly, and the final decision is made by the majority opinion of all the members who heard the case, which includes the original bench members and the Chairperson.

3. Does the Chairperson of the tribunal decide disagreements alone under Section 14K of the TRAI Act, 1997?

Under Section 14K of the TRAI Act, 1997, the Chairperson does not decide alone, but rather hears the case and votes along with the original members to form a final majority decision.

Test yourself

Q1.Under Section 14K of The Telecom Regulatory Authority of India Act, 1997, what must a two-member Bench do if they differ in opinion on any point during a case?

Q2.Under Section 14K of The Telecom Regulatory Authority of India Act, 1997, whose opinions are counted to form the majority when deciding a point referred to the Chairperson?

Q3.Under Section 14K of The Telecom Regulatory Authority of India Act, 1997, who must hear the referred points of difference when a two-member Bench cannot agree?

Q4.Under Section 14K of The Telecom Regulatory Authority of India Act, 1997, what triggers the requirement to state the points of difference and refer them to the Chairperson?

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