Considering the constitutionality of
“Fees for Licences payable by Telcos”
Prem Kumar Francis
o0o
Is there any difference between
“Fees for licences”
and “Fees for licences payable by telcos?”
Fees for licences is mentioned in Article 110(2) of the
Constitution of
India. And it is understood that fees for licences
payable by
telcos
must also be included in that terms.
In the opinion of this writer there are vital differences between
the two fees.
Fees for licences, in the Constitution, is in the company of “any
tax by any local authority or body for local purposes.”
On the contrary, fees for licences payable by telcos is
associated
with:
[1]
Once it reduced national fiscal deficit to the extent
of
1% of GDP - according to Economist Swaminathan S.
Anklesaria
Aiyar.
[2]
In the words of the Hon Supreme Court - it finances the
objective of “propelling India into an IT superpower.”
[3]
In the words of the same economist - fees payable by telcos
are counted “as revenue by the [central] government” to
“finance its overspending.”
If these startling facts
are seen through “the general principle”
approved by the Constituent Assembly in 1949,
we arrive at a surprising conclusion:
Fees for licences payable by telcos should be brought under
Article 110(1), and be subject to exclusive legislative powers of
Lok Sabha under Article 109.
What are the implications if such a view is held to be tenable?
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