U/A 143(1) OF CONSTITUTION vs OF INDIA

The Supreme Court, in its advisory opinion under Article 143(1) of the Constitution, addressed the legality of the licensing framework for telecommunications in India, specifically the 1994 and 1995 Cellular Mobile Telephone Services Licenses. The Court emphasized that the licenses were granted based on technical and financial evaluations, and clarified the absence of upfront charges for spectrum allocation, which was instead covered under annual spectrum usage charges. The opinion serves to guide the government on regulatory practices in the telecommunications sector, reinforcing the need for transparency and adherence to established norms.