Statutory Authorities Must Not Defend Their Own Orders In Appeals: Supreme Court

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  • Statutory Authorities Must Not Defend Their Own Orders In Appeals: Supreme Court
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  • 22 Oct, 2024

The Supreme Court of India has delivered a landmark judgment clarifying the role of regulatory authorities in appellate litigation, with significant implications for statutory bodies across various sectors like telecommunications, power, and infrastructure. The case centered on the Airports Economic Regulatory Authority of India (AERA), which sought to challenge a ruling by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) concerning tariff determinations for aeronautical services, including those at Delhi International Airport.
 
Chief Justice Dr. D.Y. Chandrachud, leading the bench, ruled that while quasi-judicial bodies should generally avoid defending their own decisions in appeals, regulatory authorities like AERA have the right to do so when broader public interest and regulatory oversight are at stake.
 
Key Legal Issues:
 
1. Maintainability of AERA’s Appeal: The respondents, led by Delhi International Airport Ltd. (DIAL), argued that AERA, as a quasi-judicial body, could not challenge its own decisions in court. However, AERA contended it had the legal standing to appeal under the AERA Act.
 
 
2. Regulatory vs. Quasi-Judicial Function: The Supreme Court had to decide if AERA’s tariff-setting was a purely regulatory function or a quasi-judicial one, influencing its ability to appeal.
 
 
3. Role of Statutory Authorities in Appeals: The broader issue was whether regulatory bodies performing adjudicatory roles could participate in appeals concerning their own decisions.
 
 
 
Court’s Ruling:
 
The court ruled in favor of AERA, affirming its right to appeal. The judgment underscored that while judicial bodies typically should not defend their orders in higher courts, regulators like AERA, whose functions impact public welfare, can participate in appeals to safeguard public interest. The court also clarified that AERA’s tariff-setting role is primarily regulatory, not adjudicatory.
 
This ruling is expected to shape the approach statutory bodies take in future appellate litigation, reinforcing their role in protecting both economic and public interests.

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