The government on Thursday filed the Presidential reference on 2G spectrum issue in the Supreme Court. As reported earlier,the reference seeks the courts opinion on various questions of fact and law arising out of its February 2 judgment cancelling 122 telecom licences granted to nine companies by former telecom minister A Raja in 2008.
Earlier the Union Cabinet had cleared the reference on April 10. The reference seeks opinion of the apex court under Article 143(1) of the Constitution on various issues arising out of the judgment that said that the auction was best suited route for allocating natural resources.
The reference has raised eight questions,including whether auctioning of natural resources across all sectors is mandatory under all circumstances and if so,then does this broad proposition of law not run contrary to the Supreme Court judgments including those of larger benches.
The queries raised in the Presidential reference would be debated in the open court only after Chief Justice SH Kapadia sets up a five-judge constitution bench.
The government wants clarity on whether the enunciation of a broad principle does not really amount to formulation of a policy and has the effect of unsettling policy decisions formulated and approaches taken by various successive governments over the years for valid considerations,including lack of public resources and the need to resort to innovative and different approaches for the development of various sectors of the economy.
Besides,what is the permissible scope for interference by courts with the government policy making,including methods for disposal of natural resources,the reference has sought to know.