Section 9 of TRAI : Section 9: Vacancies, Etc, Not To Invalidate Proceedings Of Authority

Explanation using Example

Imagine a scenario where the Telecom Regulatory Authority of India (TRAI) issues a regulation that affects the pricing of telecom services. A telecom operator challenges this regulation in court, arguing that the regulation should be invalidated because at the time of its issuance, there was a vacancy in the Authority - one of the members had retired and not yet been replaced.

Applying Section 9 of the TRAI Act, the court would likely rule that the regulation is not invalid simply because of the vacancy in the Authority. As long as the decision was made by the properly constituted Authority and the vacancy did not affect the merits of the decision, the regulation would stand. This provision ensures that the actions of TRAI are not easily overturned on technical grounds, maintaining regulatory stability.