Auction order specific to 2G spectrum: SC
27 Sep 2012
The Supreme Court today clarified that its 2 February order to auction second generation telecom spectrum must be restricted to that issue and not to the allocation or sale of all natural resources by the government.
Delivering its opinion on the Presidential reference moved by the central government, a five-judge constitution bench headed by Chief Justice SH Kapadia also said the clarification has no bearing on its order on the 2G spectrum case.
The Supreme Court bench also made it amply clear that the court considers public good as superior to revenue maximisation.
The Supreme Court, while cancelling 122 telecom licences to nine companies on 2 February, had said that all natural resources should be allocated through auction.
The two-judge bench headed by Justice Singhvi had said that the policy of first come, first served followed in allocating 2G spectrum was flawed.
The verdict led to the government submitting a presidential reference on 12 April under Section 1, Article 143(1) of the Constitution seeking clarity on the consequences of the verdict.
On 16 August, at the end of marathon arguments that began on 10 July, a five-judge constitution bench reserved orders on the reference.
