Giving its own analysis of the Supreme Court judgments in the 2G spectrum case,the government on Friday maintained before the Joint Parliamentary Committee (JPC) that the apex court,while holding that the first-come-first-served policy was flawed,went beyond the established limits of judicial review and entered the exclusive domain of the executive. The presentation dwelt on the impact and implications of the SC judgment on February 2,under which 122 2G spectrum licences were cancelled.
Secretary in the Department of Telecommunications (DoT) R Chandrasekhar,who deposed before the committee headed by senior Congress MP P C Chacko,maintained that the Supreme Court view on the policy was flawed because it disagreed with the weight attached by the executive to various factors which marked the decision. The senior official,who was accompanied by some dozen officers,stated in his presentation that the judgment ran counter to the settled law,as laid by the apex court,that the essence of policy making and governance is the weighing and balancing of different values and considerations. This being the role of the executive,it is not permissible for the court to undertake this exercise.
The presentation argued that the judgment was erroneous in finding that the policy of the first-come-first-served also involved an element of pure chance or accident without taking in to account the fact that any policy,including a sale by a public auction,may also be wrongfully implemented. The DoT cited SC judgments in some cases the R. K. Garg vs Union of India 1981,the Balco employees vs Union of India 2002 case and the Bombay Dyeing vs the Bombay Environmental Action Group 2002 and pointed out that the latest judgment was contrary to them.