ABSTRACT

The absence of direct regulatory power under the TRAI Act to penalize violations by regulated entities is discussed in this chapter, along with a description of the deployment of indirect mechanisms of penalty using financial disincentives. The issuance of directions and TRAI’s regulation-making powers under section 29 of the Act are discussed in the context of two important judgments of the Supreme Court. The relevance of a micro-level examination of TRAI’s organizational structure in imparting granularity to the institutional and legal analysis is highlighted in the summary. It brings together insights gleaned from the micro-level institutional examination in Part IV.