NAVIGATING INDIAN SPECTRUM AUCTIONS: A CRITICAL EXAMINATION OF POLICY AND LAW

AUTHOR – ANUSHKA SHARMA & YASH KUMAR

STUDENTS AT FACULTY OF LAW, BANARAS HINDU UNIVERSITY

BEST CITATION – ANUSHKA SHARMA & YASH KUMAR, NAVIGATING INDIAN SPECTRUM AUCTIONS: A CRITICAL EXAMINATION OF POLICY AND LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 118-132, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I416

ABSTRACT

Indian spectrum allocation policy has faced severe criticism over the years, especially in light of the 2g spectrum scam of 2008. The need for transparency and equitability in the allocation procedure highlighted by the scam has inspired many reforms and changes in the practice. The enactment of the Telecommunications Act of 2023  is a step towards reform in the same direction. The Act intends to mark a pivotal shift in the practice of spectrum allocation by modernizing the regulatory framework and providing auctions as the preferred mode of spectrum allocation in India. This article aims to analyse the spectrum allocation process in India and its impact on the current practice. It aims to critically analyze the impact of the Telecommunications Act, 2023 on the practice of spectrum allocation while exploring the challenges that continue to hinder the efficiency of spectrum allocation in India. The article also analyzes the framework and outcome of the recent spectrum auctions organized in 2022 and 2024, in an attempt to explore India’s preparedness to adopt 5g technology and the upcoming 6g technology. While the Telecommunications Act has attempted to lay down the basic principles governing the process of spectrum auctions in India, the need for further reforms to address the persistent issues like the lack of available spectrum, high reserve prices, and inflexibility, can not be overlooked. We argue that the adopting more dynamic measures and reforming the existing regulatory framework for spectrum auctions can prove to be helpful for the Indian spectrum market and telecom sector, ultimately leading to economic growth and social development.

Keywords: Spectrum, allocation, auction, telecommunication, technology.