Sibal takes on judges, says let the court allocate spectrum, explain its orders
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"Even the Constitution Bench has, in clear terms, opined that matters of policy must be left to government, especially matters of economic policy. At the same time, government policies must be transparent. The court, in its 2G order, seems to have come to the conclusion that auction is the only way to allocate spectrum. Whether auction is the best way depends on the nature of the frequency to be allocated, the time at which the spectrum is to be allocated and other factors, including, the nascent use of a particular band of spectrum. There are so many variables that decide what mode must be followed. This is a very complex exercise," said Sibal.
"There is a perception, which is unfortunately sometimes shared by the courts too, that most government decisions are made on an ad hoc basis. My personal view is that the nature of government is such that it is rare that ad hoc decisions are taken. The ministerial exercises involves all functionaries and different points of view are discussed and deliberated. The final policy prescriptions emerge after about a year or so (of such a process)... The perception that the government invariably acts in an ad hoc manner and its decisions viewed as if there are motives is not an appropriate way of analysing government policies. Where favoritism is writ large, courts must intervene. This may be true in some cases. In most cases, this is far from the truth," he added.
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