2G Presidential Reference Judgment of SC

2G Presidential Reference Judgment, the Principle at stake in the Supreme Court’s hearing on the Allocation of Natural Resources was Not the Method of Allotment but the Need for Transparency and Fair play .

Supreme Court stated “ Be fair, reasonable, non-discriminatory, transparent, non-capricious, unbiased, without favouritism or nepotism, in pursuit of promotion of healthy competition and equitable treatment. It should conform to the norms which are rational, informed with reasons and guided by public interest, etc. All these principles are inherent in the fundamental conception of Article 14, “

Further Supreme Court stated “ Policy making is the government’s domain “  But  “ the implementation of policy will be tested and interfered with when found wanting ”

This language makes it virtually impossible for the government to resort to any arbitrary process of allocating scarce, valuable resources, since methods like first-come-first-served, lotteries and beauty parades cannot even begin to pass the new tests.

The order’s carefully worded tests on allocation allow an aggrieved party to approach the courts to get an unfair or capricious allocation set aside, even those involving auctions .