The Central Government has filed a petition in the Supreme Court seeking a modification of its 2012 judgment in the 2G spectrum allocation case. The original judgment had directed that the allocation of mobile 2G spectrum should be done through auction. However, the Centre’s plea seeks to allow the allocation of spectrum through an administrative process in accordance with the law.
The Centre’s petition highlights the need for administrative allocation of spectrum in certain situations. According to the petition, the assignment of spectrum is required not only for commercial telecommunication services but also for non-commercial use, such as security, safety, and disaster preparedness. These functions fall within the scope of subserving the common good.
The petition also points out that there are specific categories of spectrum usage, including commercial use, where technical and economic conditions may make auction impractical. In such cases, administrative allocation may be more optimal and efficient.
The government emphasizes the urgent requirement for the Supreme Court to clarify that in specified situations, the assignment of spectrum through an administrative process may be undertaken if determined through due process in accordance with the law. This clarification is crucial for achieving objectives such as national security, safety, and disaster preparedness.
The Centre’s petition highlights that the Supreme Court’s 2012 judgment had used the term “perhaps” in its recommendation of auction for the alienation of natural resources. The Centre interprets this as an indication that the Court considered situations requiring a method other than auction as conceivable and desirable.
