The Supreme Court registrar declined a government request for clarification on its 2012 ruling regarding 2G spectrum distribution, which challenged past allocation methods.
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NEW DELHI: Recently, The registrar of the Supreme Court has rejected a government request seeking “clarification” on the Court’s crucial 2012 ruling concerning the distribution of 2G spectrum. This ruling had a substantial effect on the regulatory framework of the telecom industry by questioning the allocation methods employed in the past.
The government had submitted an application on December 12 of the previous year, seeking to clarify certain aspects of what is known as the Centre for Public Interest Litigation judgment. According to the application, the intent was “To develop a spectrum allocation framework encompassing alternative assignment methods, aside from auctions, in applicable scenarios, with the prime objective of serving the common good.” The request for clarification comes amidst ongoing discussions on how spectrum should be allocated to ensure optimal use and public benefit.
The application emphasized that previous instances of administrative spectrum assignments were not conclusive but rather “temporary and provisional,” subject to the government’s ultimate determination on pricing and policy regarding the issue.
However, the registrar maintained a clear stance, suggesting that the application seemed to aim at revisiting the Supreme Court’s 2012 decision under the guise of seeking clarifications. The registrar emphasized that the request appeared to be “misguided” and found no “reasonable cause” to entertain it, particularly given the significant time lapse since the original judgment.
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The refusal to entertain the application stems from concerns that the government is essentially seeking a review of the 2012 judgment.
“The purpose of this application is to request necessary clarifications from this Honorable Court regarding the Centre for Public Interest Litigation judgment. This is to establish a spectrum assignment framework that encompasses methods of allocation other than auctions in appropriate scenarios, aiming to serve the common good most effectively.”
-stated the government’s application.
The 2012 Supreme Court judgment had originally criticized the ‘first-come, first-served’ method that was employed for spectrum allocation, leading to the quashing of the 2G spectrum licenses issued by the United Progressive Alliance government. In response to the evolving technological and economic landscape, the government has since moved to issue spectrum administratively in scenarios where auctions are not deemed technically or economically suitable.
Furthermore, the proposed Telecom Bill incorporates provisions mandating administrative allocations in certain sectors. The First Schedule of the Bill specifies that satellite spectrum, along with 18 other sectors, will necessitate administrative allocations. These sectors encompass various vital services, such as law enforcement, public broadcasting, in-flight and maritime connectivity, the Indian Army and Coast Guard, and radio backhaul for telecom services.
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