New Delhi: The
government has filed the presidential reference in Supreme Court asking if its judgment
in the 2G case makes auctioning of natural resources compulsory.
With many telecom companies challenging the cancellation of
their licenses by the Supreme Court, the government wants complete clarity on
that landmark judgment. The Department of Telecom feels that the judgment has
ramifications on several other sectors. So the government has put together a
list of questions that will be delivered to a five-judge bench of the Supreme
Court where the matter will be debated. The queries include whether a process
of auction has to be followed in the allocation of all natural resources, and
if so, whether that amounts to the court interfering with the government's work
by setting policy. Government Powerpoint Templates
In February, two Supreme Court judges cancelled 122 telecom
licenses issued in 2008 by then Telecom Minister A Raja. The judges said that Mr.
Raja had manipulated the rules to show undue favors to companies that he
allegedly conspired with - he is in jail for selling licenses at throwaway
prices to ineligible firms. But while Mr.
Raja may have twisted the first-come-first-serve policy that was the rule at
the time, the judges also said that this method of allocating natural resources
like spectrum is ‘fundamentally flawed.’ Only an auction, they said, ensures
transparency and fair pricing. The government was also told to re-allocate the
cancelled mobile licenses within four months. Politics Powerpoint Templates
The Supreme Court admitted the government's review petition
filed earlier seeking clarification on the process of auction to be followed on
the cancelled licenses. But it rejected 10 other petitions filed by telecom
companies seeking review of its February order.
The government's follow-up questions will be put to the Supreme Court in the form of a Presidential Reference - on the advice of the government; the President of the country seeks advice from the Chief Justice of the Supreme Court.
source:link
