SC registrar turns down government plea for spectrum administrative allocation
The Supreme Court‘s registry recently rejected an application by the Central government, seeking to modify a 2012 order to allow for administrative allocation of spectrum in select cases where using the auction route is not technically feasible. In 2012, the Supreme Court in a landmark judgment ordered the auction of all natural resources including Spectrum.
The application, in the nature of clarification, in effect, seeks a review of the judgment of February 2, 2012, after the lapse of over 12 long years, which is impermissible in law, the order of the Registry. The main petitioners BJP leader Subramanian Swamy and noted lawyer Prashant Bhushan objected to the Central government’s move seeking clarification on the 2012 Judgment, which was ratified in the Presidential Reference, reiterating the auction of natural resources. The judgment cancelled the 2G Scam licenses and ordered for auction.[1]
Many biggies like Bharti Airtel, Elon Musk’s Starlink, and Amazon, Tata are eyeing the allotment of Trillions of Dollars spinning Satellite Spectrum allotments and lobbying hard to avoid auction and wanting Administrative Pricing. Administrative Pricing is nothing but ending up in CORRUPTION. Mukesh Ambani’s Jio and Aditya Birla-controlled Vodafone-Idea are also looking for a Satellite Spectrum and objecting to Administrative Pricing. The government’s newly piloted Telecom Bill 2023 is intended for Administrative Pricing, which is against the Supreme Court’s landmark judgment by Justices G S Singhvi and A K Ganguly in 2012.
“The Union of India now seeks clarification to firm up spectrum assignment framework, including methods of assignment of spectrum, other than auction, in suitable cases, to best subserve the common good,” the registry order said. The government had contended that the assignment of spectrum is not only for commercial use but also for non-commercial use, so, it needs clarification on whether spectrum can also be allocated in an administrative manner.
However, according to the registry, the Centre had not disclosed any reasonable cause to seek this clarification. “The 2012 judgment does not entitle the applicant herein to file an application of this nature seeking clarification of the judgment, more so, when the review petition filed on behalf of the Union of India seeking review of the judgment was withdrawn,” the order said. It further noted that having withdrawn the review petition, there was no mandate in law to file a petition of this nature.
Apart from Elon Musk’s Starlink, Amazon’s Kuiper, Tata, Bharti Airtel-backed OneWeb, and Larsen & Toubro are against the auction while Reliance Jio and Vodafone-Idea support the auction of Satellite Spectrum.
Reference:
[1] Subramanian Swamy approaches Supreme Court on Govt’s modification of 2G Scam Judgment to avoid auction of Satellite Spectrum – Apr 23, 2024, PGurus.com
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