SC is right that natural resources are held in public trust,but its comments on allocation are simplistic
In its ruling in the 2G spectrum allocation case,the Supreme Court said that auctions were the best route for allocation of finite natural resources. While transferring or alienating the natural resources,the State is duty bound to adopt the method of auction by giving wide publicity so that all eligible persons can participate in the process, it said. The courts order makes sense in the specific context of the case it was dealing with the award of telecom licences in 2008. What happened then was preposterous rules were changed mid-way; spectrum was allocated out-of-turn to select players in a non-transparent manner,that too at 2001 prices.
The telecom market has evolved rapidly in India and certainly there is an urgent need to move to market-based principles for spectrum allocation. In fact,time is ripe in India to allow trading of spectrum to address situations of shortage despite utilisation being sub-optimal. But,in some other sectors,auctions may have limited appeal. So the apex courts sweeping statement that first come first served or any other method for allocation of scarce natural resources is likely to be misused misses the point. Price and purse exchequer are not the only two factors that determine policy which has to be transparent and rule-based.