Section 27 of The Telecom Regulatory Authority of India Act, 1997
Bar of jurisdiction.
No civil court shall have jurisdiction in respect of any matter which the Authority is empowered by or under this Act to determine.
Summary
- Civil courts are completely blocked from hearing cases on matters that the Authority is empowered to decide.
- This restriction applies to any decision or determination made by or under this law.
- The provision establishes the exclusive jurisdiction of the Authority over specified telecom regulatory matters.
Practical examples
FAQ
1. Can a person file a lawsuit in a civil court over matters the telecom regulator is supposed to decide under the Telecom Regulatory Authority of India Act, 1997?
No, Section 27 of the Telecom Regulatory Authority of India Act, 1997 states that civil courts have no jurisdiction, which means legal authority, over any matter that the Authority is empowered to determine.
2. What is the main restriction placed on civil courts by Section 27 of the TRAI Act?
Section 27 of the TRAI Act bars civil courts from entertaining any cases or matters that fall under the official powers and decision-making scope of the Authority.
3. Does the 1997 Indian telecom law allow civil courts to override the regulator's decisions?
No, Section 27 of the 1997 Indian telecom law completely removes civil court jurisdiction over any issue that the Authority is authorized by this Act to resolve.
Test yourself
1.Under Section 27 of The Telecom Regulatory Authority of India Act, 1997, which of the following bodies is explicitly barred from having jurisdiction over matters the Authority is empowered to determine?
2.Under Section 27 of The Telecom Regulatory Authority of India Act, 1997, what triggers the bar on a civil court's jurisdiction?
3.Under Section 27 of The Telecom Regulatory Authority of India Act, 1997, if a telecom operator is unhappy with a decision of the Authority that it is empowered to make, what is the legal effect of Section 27 on their options?
4.Under Section 27 of The Telecom Regulatory Authority of India Act, 1997, does the bar on civil court jurisdiction depend on whether the Authority has already made a final decision on the matter?