The government is expectedly heaving a sigh of relief after the Supreme Court verdict on the 2G presidential reference. Key ministers including Kapil Sibal, Anand Sharma and Salman Khurshid have welcomed the Supreme Court's opinion saying the order vindicates government’s position.
Telecom Minister Sibal, says, "The SC has said where public good is objective revenue maximisation cannot be only means."
Meanwhile, Law Minister Khurshid adds, "Its comforting , its gratifying to know that what we had advised the govt has been largely upheld by the highest court of the land and that too by five judges. It has far reaching implications in terms of public policy. There was a serious concern about public policy windows being closed for governemnt and everything to be left to be done by somebody else. I think that balance has been preserved."
"Public interest and public good cannot be subservient to revenue maximisation when it comes to disbursement of natural resources or natural resources. There was never any doubt in my mind. There was never constitutional mandate for auction," Anand Sharma Commerce Minister explains.
Other petitioners in the 2G case too, welcomed the verdict but made very key observations.
Subramanian Swamy, (Chief Petitioner) President, Janata Party, "They said that government does not have rights to make policy without any challenge in the court. The policy was arbitrary, unreasonable, nullified or illegal. Anyone can approach the court and the court can review that policy and strike it down."
Prashant Bhushan, Advocate, Supreme Court also adds, “The SC has also affirmed that part of the proposition which we had argued namely, that where a natural resources is being given for commercial exploitation to private entities, any other method except auction would be said to be arbitrary and therefore unconstitutional.”
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