2G: court can review policy decision in public interest, SC

The Supreme Court today rejected the contention of the government that there was no scope of judicial review on the issue of allocation of licences for the 2G spectrum as it was a policy decision. The apex court said it can exercise the power of judicial review to protect public interest when the government policy is “flawed” as was the case in the allocation of 2G spectrum which violated the constitutional principles. “There cannot be any quarrel with the proposition that the court cannot substitute its opinion for the one formed by experts in the particular field and due respect should be given to the wisdom of those who are entrusted with the task of framing the policies. [caption id=“attachment_201859” align=“alignleft” width=“380” caption=“Reuters”] [/caption] “However, when it is clearly demonstrated before the court that the policy framed by the state or its agency/instrumentality or its implementation is contrary to public interest or is violative of the constitutional principles, it is the duty of the court to exercise its jurisdiction in larger public interest and reject the stock plea of the state that the scope of judicial review should not be exceeded beyond the recognised parameters,” a bench of justices GS Singhvi and AK Ganguly said. The bench rejected the contention of the Attorney General and other and counsel appearing for telecom companies that the power of judicial review should be not to interfere with the policy decisions of the government in financial matters. “When matters like these are brought before the judicial constituent of the state by public spirited citizens, it becomes the duty of the court to exercise its power in larger public interest and ensure that the institutional integrity is not compromised by those in whom the people have reposed trust and who have taken oath to discharge duties in accordance with the Constitution and the law without fear or favour, affection or ill will and who, as any other citizen, enjoy fundamental rights but is bound to perform duties,” the bench said. It also said the TRAI’s recommendations required judicial review as they were “flawed in many respect”. PTI