The Indian government has filed a review petition in the Supreme Court in response to the Court's verdict in the 2G spectrum allocation case, asking the court to only review the part of the order where it had deemed the ' first-come-first-serve' spectrum allocation policy of the government flawed, and had directed theGovernment to follow an auction based policy. The Government has not asked for the review of the order cancelling the licences. The Supreme Court in its verdict had said that the Government's 'first-come-first-served' policy for distribution of natural resources (allocation of spectrum in this case) was flawed and had directed that 'auction' should have been the only method for transferring national resources, and had cancelled all licences granted to telcos on or after 10th January 2008. In its review petition: - The Government has said that this directive is beyond the jurisdiction of Courts, and that the Indian Constitution has made policy making an exclusive domain of the Executive. It has also said, that the Court's judgement that the state is bound to conduct a public auction for natural resources, is contrary to various legislations including the Mines and Minerals Act of 1957, which directs the government to follow a 'first come first serve' method for granting mining lease. - The Government has also cited several other Court orders where the Courts had refused to come up with a judgement since it came in line with the legislature, deferred them to legislative judgements. It has also quoted various judgements…
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