Govt files Prez reference in SC

The presidential reference on judiciary’s powers to issue writ mandamus to the government on policy matters was finally filed in the Supreme Court by the government seeking its opinion on eight crucial questions.

The government chose the route of Presidential reference to seek SC opinion after the apex court had rejected its review petition against 2G case verdict, in which the same issues were raised whether the court can issue direction on the policy matters to the executive.

The entire controversy had arisen from the top court’s verdict cancelling 122 licences for 2G spectrum in February, saying that the “first- come- firstserve” policy under which spectrum were allocated to private telecom companies were “basically flawed.”

The apex court had further said that henceforth, the government would not allocate any of resources, including natural resources for infrastructure development to private parties without auction.

In the reference, the government has formulated eight broad questions whether the judiciary can interfere in policy issues of the country, will auction be the only broad factor for allocation of resources and whether such interference would extend to bilateral investment decisions. Further; when the government has taken a policy decision like in 2G spectrum allocation to fix the price on the basis of earlier decision to provide level playing field to the old and new players entering telecom sector, what will be the impact of the court decision.