September 28, 2012 5:27 PM

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Centre welcomes SC's opinion on 2G Presidential reference

The Centre today welcomed the Supreme Court's opinion on 2G Presidential reference, saying that the apex court's opinion has vindicated the government's stand. Addressing the media in New Delhi along with Telecom Minister Kapil Sibal and Law Minister Salman Khurshid, Union Finance Minister P. Chidambaram said, the apex court has categorically held that the predominant consideration is common good and not revenue maximisation. He said, Supreme Court's observation is completely in consonance what the government has been saying for the last few years.

Mr Chidambaram said, Constitutional authorities like the Comptroller and Auditor General (CAG) should take note of the ruling that auction is not the only method for allocating natural resources. He said that the Court observed that common good was the touchstone for any policy and any means adopted to achieve the objective was in accordance with the Constitutional principles.

Giving its opinion on the Presidential reference arising out of 2G verdict, a five-judge Constitution bench of the Supreme Court yesterday held that auction was not the only method for allocating natural resources to private companies.

The Finance Minister maintained that if there was any irregularity or illegality in implementing policy of 2G spectrum, it must be corrected and those responsible be held to account. Mr Chidambaram said that the government has accepted the judgement that 122 licences will be cancelled and spectrum released from them will be auctioned.

Telecom Minister Kapil Sibal said the judgement clearly states that policy issue is entirely within the domain of the executive, especially in the context of the economic policies. He said that the judgement has brought about enormous clarity with which government can start taking decisions without fearing that there will be interference from other Constitutional authorities. It also observed that allocation to the highest bidder may sometimes run counter to public good. Mr Sibal informed that Court has said, potential for abuse cannot be the basis for striking it down. Even auction has the potential of abuse.

Law Minister Salman Khurshid said that the government of the day will take the decision on policy and it can not be challenged. However, its implementation and execution can be questioned.

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