Despite accepting the Supreme Court verdict cancelling the 2G spectrum licences, the Centre in its reply to the top court’s notice on the “Presidential reference” arising out of the judgment has justified its decision to seek a clearer answer from the court about government’s control over the natural resources and allocating them as per the laid down policies.
In a 50-page affidavit filed in the SC, the Centre has framed “suggested legal answers” to first four questions framed in the Presidential reference stating that “auction cannot be the only permissible method for disposal of the natural resources across all sectors and in all circumstances.”
The government has also persisted with its stand that “the judiciary cannot strike down a policy decision taken by the executive merely because the court feels that another decision would have been fairer or more scientific or logical or wise.”
The four questions framed by the government include; whether auction is the only method for disposal of natural resources, whether the route of auction does not run contrary to several judgements of the apex court on the issue, whether the stress on auction by the court does not amount to formulation of a particular policy while the government needs to resort to “innovative and different approaches” from time to time for development of various sectors and economy and finally what is the “permissible” scope for interference by the judiciary in this entire matter.
Since a constitution bench in its first hearing on the issue on May 11 had stated that the court would take up the matter in “phased manner”, the government also has framed the “possible answers”.
“It is respectfully submitted that there are several judgements of this hon’able court (SC) which clearly lay down that the route of auction is not the only route permissible for disposal of the natural resources,” the affidavit said adding “the SC also has repeatedly stated that the court do not interfere with a policy decision on the ground that another policy would have been better.”