How to Challenge a Regulation

For this one needs to understand, what really a regulation is, it is a notification or a set of
rules governing some specific sector or industry. Regulation or Ordinances are basically laws
that control the way that a business or any sector can operate, or all of these laws considered
together. Regulation is passed by the concerned governmental authority looking after the
respective sector e.g., regulations regarding use of land, water, business resources. For
example, recently in 2012 Telecom Regulatory Authority of India passed a regulation
restricting the duration of advertisements on television to 12 minutes per hour.

Now question comes why these regulations are to be challenged? Answer to this
question is simple, i.e., whenever a regulation is passed by any concerned authority, it affects
the rights and liabilities of various stakeholders of the concerned sector for which the
regulation has been passed. At times, these regulations are arbitrary in nature, affecting the
rights and liabilities of stakeholders in a negative manner, just like the example of TRAI
issuing regulation regarding advertisement cap for television broadcasters. Thus, to safeguard
the interests of such stakeholders or concerned persons, these regulations are required to be
challenged. Our Constitution provides efficacious remedy against such arbitrary regulations
affecting fundamental rights as well as other statutory rights of the stakeholders or other
persons.

Indian Constitution being the protector of the interests, provides under Article 226 for
challenging such arbitrary rules, laws, ordinances, regulations and other State actions. A Writ
Petition seeking proper direction from the concerned High Court of Judicature under Article
226 of Indian Constitution is to be filed stating proper and legitimate grounds for challenging
the said arbitrary action of the State. Article 226 of Indian Constitution provides effective
remedy against violation of fundamental rights and other statutory rights of the concerned
entities. On the other hand, Article 32 of Indian Constitution also provides an efficacious
remedy against the State actions violating Fundamental Rights of the concerned entities. A
Writ Petition is to be filed under Article 32 of Indian Constitution disclosing the locus standi
seeking proper directions from the Supreme Court of India.

The basic difference between both the remedies is that Article 32 of Indian
Constitution can only be resorted to in case of violation of a Fundamental Right guaranteed
enshrined under Part III of Indian Constitution and only before the Apex Court. However,
Article 226 of Indian Constitution can be opted before the High Court of Judicature having
jurisdiction over the area where the cause of action arises and in cases of violation of other
statutory rights as well.

Thus, a regulation can be challenged in a High Court under Article 226 of Indian Constitution
or under Article 32 of Indian Constitution before the Supreme Court of India. However, one
needs to ascertain that whether the regulation is really in violation of their fundamental or
statutory rights, furthermore, one needs to have a locus standi before the Court so
approached.
It is advised that one should consult our experienced professionals for more detailed
information and appropriate advise in such cases.