Exclusive: DoT's SIM-binding rules - Unconstitutional, exceeding legal authority says a body representing global messaging apps

A body representing the world’s leading messaging platforms, including WhatsApp (Meta), has challenged the Indian government’s SIM binding directive in a letter where it has argued that the  SIM-binding directive is unconstitutional and an impermissible expansion of the department’s power over services not originally governed by the DoT.

The letter in question, submitted to the Department of Telecommunications (DoT), and reviewed by Business Today,  highlights that the said body has warned that the government’s SIM-binding mandate, set to take effect on February 28, is legally flawed and exceeds beyond the powers granted to the communications ministry by Parliament.

The letter further argues that the Telecommunications (Telecom Cyber Security) Amendment Rules, 2025, are ultra vires—a legal term meaning that the department has acted beyond its statutory authority.

The document reviewed by Business Today outlines several legal arguments, backed by a formal opinion from a Senior Counsel. It contends that the DoT is attempting to regulate digital platforms under a law designed specifically for telecom carriers. The industry argues that merely because a messaging app uses a mobile number for user authentication does not legally classify it as a telecom service under the Telecom Act.

The tone of the submissions made by the Meta-represented industry body marks a sharp departure from routine consultation responses. It may signal that if the government proceeds with penalties for non-compliance, the industry is prepared to challenge the rules in court.

A source familiar with the contents of the letter told Business Today, “While the industry maintains that it supports the objective of combating cyber fraud and digital arrest scams, it insists that any regulatory framework must be firmly anchored in the parent statute to avoid legal uncertainty.”

With the enforcement deadline approaching, the stage appears set for a potential constitutional battle. For WhatsApp, Telegram and other messaging platforms, the outcome could determine whether India can require global messaging apps to fundamentally alter their technical architecture under the ambit of telecom regulation.

Be that as it may, on the other hand, India's Union Minister for Communications, Jyotiraditya Scindia on Wednesday during a meeting with Reporters in Delhi, has made it clear that there will be no respite on the February 28 compliance deadline for the said players that includes the likes of Whatsapp, Telegram, Signal, Sharechat, Snapchat, Jiochat, Joshi, and Arattai.