Supreme Court Restores 200 SMS Cap Limit

India’s Supreme Court on December 4th stayed a telecom tribunal order that quashed limiting of the number of SMSes to 200 per day per user. The SMS quota was originally introduced in 2011 by the regulator, TRAI to stop spamming by telemarketing companies.

200 SMS Cap limit

In a brief hearing, a bench headed by Justice G S Singhvi stayed the Telecom Disputes and Appellate Tribunal’s (TDSAT) order. The Supreme Court passed the order on an appeal filed by TRAI challenging tribunal’s order.

TDSAT had on July 17 termed the ceiling on SMSes as “arbitrary” and against the right of freedom of speech and expression guaranteed under the Constitution and had set aside the sector regulator TRAI’s circular.

Uddhav Thackeray’s son Aditya had submitted that the restriction on SMSes was just a “non-application of mind” by TRAI and the circular fixing ceiling “has not explained why and how the figure of 100 or 200 SMSes per day was arrived at.”

TRAI had permitted sending only 100 SMSes per day per SIM except on blackout days or days specially notified by it. On November 1, 2011, it had increased the limit to 200 SMSes per day per SIM.

Though Supreme Court orders to remove the cap, it is not sure when the directives from DoT and TRAI will be implemented on operators’ front.

This Article Was Written By: Tarun

Tarun - Founder & Chief Editor

A Happy Geek and a Network Research Engineer with a really cool day job…

{ 29 comments… add one }

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  • Veera December 7, 2012 at 1:22 pm

    Hai

    still i am able to send 100sms/day when this 200 sms will activate to all users..

    Reply
  • facebook boy December 6, 2012 at 5:54 pm

    Sudhakar is saying that we can use facebook for testing purpose, but i have a point of view to share. When it comes to text your girlfriend, facebook is not a safe as there are many guys like greedy dogs to flirt with your girl-friend while she is online to text u & we know accidents happen anytime without precaution :) :D . Do u agree with me?

    Reply
  • Pratik December 5, 2012 at 12:21 pm

    Every one asking for free roaming. I show the interview by Mr. Kapil Shibbal , he clearly said that from 1 jan 2013 all incoming call will be free in roaming. I hope it’s true.

    Reply
  • Chetan December 5, 2012 at 11:16 am

    <>!! & gals :D

    We can send 200msgs/day… BUT all SMS beyond 100 per day, will be charged at Re.1 per Local SMS and Rs.1.5 per National SMS. This is applicable for all SMS sent as paid, discounted, free, SMS STVs and on Black out days.

    Reply
  • Jaweed December 5, 2012 at 1:13 am

    Voice call can track but not SMS so they are

    Reply
  • mohnish December 4, 2012 at 10:46 pm

    sms is mode of communication of common men .govt want to curb on it .north east extrudes might be a plot hatch by establishment.govt doesn’t want any mass agitation galvanized by mode of sms

    Reply
  • Amit Deb Biswas December 4, 2012 at 6:49 pm

    unable to comment :S

    Reply
  • Asit Paul December 4, 2012 at 5:07 pm

    You can send 100 Sms from Free/Pack quota and 100 @ base rate. Total 200 Sms. Thats it.

    Reply
  • gursimran December 4, 2012 at 4:44 pm

    Better start using app like “whatsapp”.. For free msgs on
    Wp7,android,blackberry,iphone,symbion etc.

    Reply
  • Rajendra December 4, 2012 at 4:05 pm

    Another dirty rule from trai

    Dear customer ,As per TRAI guidelines ISD facility will be with drawn w.e.f 1-2-2013 for prepaid customers. for continution of ISD facility Pl SMS ACTISD to 53733

    Reply
  • Rajendra December 4, 2012 at 4:01 pm

    100 sms per day is too short and 200 sms/day just enough. but it is keeping STV price higher. before 2011 1 ps/sms is just for rupees 13 in bsnl. means if u sent 200 SMS per day it will be 2 rupees per day. for month 2×30=60 rupees per month and 60+13 rupees =73 rupees per month on sms. capping the limit 200 sms/day the operator cant provide sms STV for low price. if it was 100 per day he can only earn 43 rupees.with tax it will be 53.
    with SMS the network doesn’t get over loaded.as like voice calls. the usage of media by sms is very very low and intermittent. each character in sms occupy 2 bytes of data. for 140 charaters it will be 280 bytes of data. with over heads it will be less than 1 kilo bit. compared to voice call it is 8 times less load
    but why operates are demanding 10ps termination charge for such a cheap service.

    Reply
  • SUDHAKAR December 4, 2012 at 3:24 pm

    What does this 200 SMS per day mean?. 200 free SMS or 100 free SMS + 100 paid SMS?.

    What will be the case if :

    > A subscriber is roaming out of his home network with in India?.

    > A international subscriber with international SIM using SMS when roaming in Indian networks?.

    > What will be the case if an Indian subscriber with Indian SIM roams in foreign countries?.

    Reply
  • Varun December 4, 2012 at 1:49 pm

    Totally confused article by telecom talk. waiting for next article for clearing confusion. I think even telecom talk has no idea what its posting????

    Reply
  • xyz December 4, 2012 at 1:16 pm

    Request telecomtalk to post articles related to roaming.

    Reply
    • Rajesh December 4, 2012 at 3:39 pm

      Agree with XYZ…….telecomtalk please tell us when is going to remove national roaming?
      and is there any chance to provide roaming facility for prepaid customers of all circles for J&K circle????

      Reply
      • Tharun George December 4, 2012 at 6:30 pm

        Search google. I saw article from Business Line and MSN India.

        I saw today an article saying that DOT is going to abolish roaming in 3 months time.

        Reply
  • Arijit December 4, 2012 at 12:31 pm

    Actually we are here misinterpreting the order. Supreme court has brought back the limit in daily sms per day to 200. By staying the order of TDSAT ,the court yesterday again made the daily cap of sms 200. So from today onwards we can just send 200 sms per day of which according TRAI’s latest circular 100 sms(s) can be free at maximum ,then the operator can charge every sms minimum 50p/sms. So this is the rule we need to abide by now . Sms is soon going to be forgotten medium of communication and its really sad for heavy users like me .

    Reply
    • SUDHAKAR December 4, 2012 at 3:31 pm

      Well said.

      Better to switch over to FACEBOOK and TWITTER as they do not consume that much data (unless a high resolution photo is shared) for texting purposes.

      Because of this the charge for SMS has been increased for international subscribers with internationl SIM who roam in India.

      For example :

      Wataniya, a operator in Kuwait has increased the SMS tariff for most of the roaming zones from KD (Kuwait Dinar) 0.125 to 0.150 and 0.175 respectively. 1 Kuwait Dinar is Rs.195 approx.

      See 10.wataniya.com/personal/roaming/tariff/default_en_gb.aspx

      Reply
  • ramakanth December 4, 2012 at 12:16 pm

    is unlimited sms rule implemented or 200 sms per day limit
    give a clarity to us

    Reply
  • Raaj December 4, 2012 at 12:12 pm

    so what’s the final verdict?Did the court allowed sending of 200 sms per sim per day or its still 100 smses per sim per day?

    Reply
  • Tharun George December 4, 2012 at 12:01 pm

    Everyone is misusing free sms. Thats why operators like Airtel and Vodafone has to ban sms from Aircel and others.

    200 free SMS should be more than enough for anyone. Above 200 sms, 50p should be charged per sms.

    Reply
    • Arjun Chandrashekar December 4, 2012 at 12:19 pm

      Well This is What Public Need. Only SMS and Data, But Not Voice Calls, Useless People. Only Corporate People, Govt. Official, Professional Candidates Use Mobile Services Like Airtel, Vodafone,Idea, BSNL, Aircel and Reliance Only for Voice Calls

      Reply
    • allan December 4, 2012 at 7:54 pm

      You are wrong. Aircel and Airtel has agreement dispute, hence SMS is barred. Not because of this.

      Reply
    • Allan December 4, 2012 at 7:55 pm

      Also, No problem with Vodafone in TN.

      Reply
  • rajiev December 4, 2012 at 11:57 am

    back by popular demand!

    Reply
  • Rhishav December 4, 2012 at 11:51 am

    So whats the final thing??

    Reply
  • RAJ December 4, 2012 at 11:46 am

    What a confusion posting by telecomtalk?
    You cant tell after reading full article that if we can now send 200 SMS a day or not ?
    Can someone clarify in plain simple words like “Supreme Court allows you to send 200 SMS a day”

    Reply

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