Regulatory wars piling up in court; TDSAT turns new battleground

New Delhi: Regulatory disputes involving the Telecom Regulatory Authority of India (TRAI) continue to pile up across courts and tribunals, with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) emerging as an increasingly central forum for challenges, especially on broadcasting regulations.

TRAI’s annual report for FY2024-25 shows that total cases pending across judicial forums rose to 513 as on March 31, 2025, up from 458 a year earlier. During the year, 150 cases were filed and 95 were disposed, resulting in a net increase in pendency. 

While the overall number is spread across multiple forums, what stands out is TDSAT. Cases pending at the tribunal rose to 59 as on March 31, 2025, from 15 a year earlier. TRAI’s report shows 45 cases were filed at TDSAT in FY2024-25, while only one was disposed in the same period. 

The High Courts continue to carry the largest load, with 323 cases pending as on March 31, 2025 (against 314 the previous year). The Supreme Court pendency stood at 131 (down from 141), even as new matters continued to be filed and disposed through the year. 

Why TDSAT matters, and why its load is swelling

TDSAT is not just another appellate forum. Under the TRAI Act, it is the designated tribunal to adjudicate disputes and hear appeals arising out of TRAI’s directions, orders and decisions, with further appeal lying to the Supreme Court in specified cases. 

That statutory architecture has become central again because the sector is in a prolonged phase of contestation – on pricing, interconnection, compliance, and the broader regulatory approach. 

And, as the market’s stress points widen, stakeholders are increasingly choosing litigation as the route to challenge or delay outcomes.

A key driver is the continuing legal debate on where certain regulatory challenges should be heard first. A recent Supreme Court order is being closely read in the industry for that reason. 

The apex court, while dealing with an appeal linked to broadcasting tariff orders, upheld the view that challenges to tariff orders should go to TDSAT, while challenges to TRAI regulations fall under the Supreme Court’s jurisdiction. 

It implies that even when the political and business stakes are high, the first major courtroom fight is increasingly likely to begin at TDSAT.

From policy contest to courtroom contest

The spike in TDSAT pendency is also a signal of how regulatory arguments are shifting from consultations and stakeholder submissions to adversarial proceedings. The tribunal is where parties try to get interim relief, contest enforcement actions, and test the limits of TRAI’s authority through appeals and dispute petitions.

TRAI’s own annual report reflects how quickly the tribunal has become busier. It records 52 hearings at TDSAT in FY2024-25, compared with 14 the year before. 

TDSAT is effectively the pressure valve for the sector where operators, broadcasters and distribution platforms can challenge outcomes without immediately escalating to constitutional courts. 

As more issues get routed there, the tribunal becomes the first “battlefield” where regulation meets resistance.