The government today moved the Supreme Court questioning its verdict holding as unconstitutional the policy of first-come-first-served in allocation of 2G spectrum while cancelling 122 licenses saying it 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.
The 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" and there are other sufficient reasons for reviewing the verdict delivered by a bench of justices G S Singhvi and A K Ganguly (since retired).
While pointing out flaws in the policy of auction, the petition said there was error in the judgement that State is duty bound to follow this procedure in all cases, as no reasonable authority could hold that in all cases, natural resources must go to the highest bidder.
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."
It said the remarks made in the judgement that the policy of first-come-first-served adopted in the 2G spectrum was "lopsided" and "flawed" and was not in public interest needs reconsideration.
