Government has moved the Supreme Court seeking review of its order cancelling 122 licences of 2 G spectrum. In a review petition filed on Friday the government also questioned its verdict holding as unconstitutional the policy of first-come-first-served in allocation of 2G spectrum. It said the court has entered into the exclusive domain of the executive and beyond the limits of judicial review.
The review petition contended the apex court's prescription of a single method for distribution of all natural resources, including spectrum, through auction route is contrary to the principle of separation of powers embodied in the Constitution. No reasonable authority can hold that in all cases, natural resources must go to the highest bidder.
Government said the February 2 judgement cancelling the 2G licences is liable to be reviewed since there are errors which are apparent on the face of the record. It said there are other sufficient reasons for reviewing the verdict delivered by a bench of justices G S Singhvi and A K Ganguly.
The government also questioned the apex court for interfering into the policy decision and said the judgement in respect of the policy is directly contrary to the settled law.