1. What is the Re: Presidential Reference (2012) Case all about?
The Re: Presidential Reference (2012) case, also known as the 2G Spectrum Case, dealt with important questions about the allocation of natural resources and the extent of the judiciary’s role in policy decisions. The case arose after the Supreme Court’s judgement in the 2G spectrum allocation scam, which led to the cancellation of 122 telecom licenses. The President of India, under Article 143 of the Constitution, sought the Supreme Court’s advisory opinion on various issues related to the allocation of natural resources.
2. Facts of the Re: Presidential Reference (2012) Case Relevant for UPSC
- Parties Involved: The President of India (seeking advisory opinion) vs. Various respondents.
- Legal Questions:
- Whether the allocation of natural resources should always be done through auctions.
- The extent of the judiciary’s role in overseeing and determining policy decisions related to the allocation of natural resources.
- Noteworthy Events:
- The Supreme Court, in its 2012 judgement on the 2G spectrum case, canceled 122 telecom licenses issued in 2008, citing irregularities and corruption in their allocation.
- Following the judgement, the President sought the Supreme Court’s advisory opinion on broader questions of policy related to the allocation of natural resources.
3. What are the Major Judgements/Changes Brought by Re: Presidential Reference (2012) Case?
The Supreme Court provided a comprehensive advisory opinion with significant implications:
- The Court held that auctions are not the only method for allocating natural resources and that the government has the discretion to choose the method of allocation based on the circumstances and the public interest.
- It emphasized that while auctions are a transparent method, they are not a constitutional requirement for all allocations of natural resources.
- The Court clarified that the judiciary should not interfere in policy decisions unless there is a clear violation of constitutional or statutory provisions, ensuring that policy decisions remain within the purview of the executive and legislature.
4. What was the Impact of Re: Presidential Reference (2012) Case on Indian Constitution?
- Flexibility in Resource Allocation: The advisory opinion provided flexibility to the government in choosing methods for allocating natural resources, allowing for a case-by-case approach based on public interest.
- Judicial Restraint: It reinforced the principle of judicial restraint in policy matters, ensuring that the judiciary does not overstep its boundaries and interfere with executive decisions unless there is a clear legal breach.
- Clarity on Auctions: The opinion clarified that while auctions are a preferred method for transparency, they are not the only constitutionally mandated method, thus providing room for other allocation methods that can serve the public good.
5. Was this Re: Presidential Reference (2012) Case Challenged/Reversed in Future?
The advisory opinion in the Re: Presidential Reference (2012) case has not been challenged or reversed and continues to guide the government’s approach to the allocation of natural resources. It remains a key reference for balancing transparency, flexibility, and public interest in resource allocation policies.
6. Doctrines/Theories/New Concepts
- Doctrine of Policy Discretion: The case underscored the government’s discretion in policy decisions regarding the allocation of natural resources, emphasizing that the method of allocation should be based on public interest and circumstances rather than a fixed constitutional mandate.