Planning Commission Deputy Chairman Montek Singh Ahluwalia has totally opposed the move for making a Presidential Reference on the 2G case and instead feels the Government should implement the Supreme Court order cancelling the spectrum licenses and completing the auction in good faith.
He has also suggested that a Group of Ministers can be constituted to consider complex issues like pricing of spectrum which could consider options put out by the Telecom Ministry and then make recommendations to the Government.
A fortnight ago, the Union Cabinet discussed the possibility of making a Presidential Reference to the Supreme Court on its 2G judgement especially on issues like auction of scarce natural resources and the First Come, First Serve method.
It deferred a decision on the ground that the Solicitor General can be called to give his views on the complex issues.
The government has, however, filed a review petition on the court judgement delivered in the first week of February.
“....there is nothing to be gained by making a Presidential reference on the lines of the draft. If a reference has to be made, it must clearly state the Government’s position on key issues but I do not know if that would be appropriate,” Mr. Ahluwalia said in a letter to Prime Minister Manmohan Singh recently.
He said if the Government itself was unclear about some aspects of policy like pricing of spectrum then it should first clarify its position and added that Telecom Commission comprising officials was not the right forum to use for evolving solutions to these complex and possibly controversial decisions.
On balance, Mr. Ahluwalia said the best course of action may be to implement the order of the court cancelling the licenses and complete the auction in good faith.
“Challenges regarding past licenses can be met in court with a clear indication of our position on the need for stability in policy. Decisions on pricing should be taken as executive decision by a Group of Ministers/Cabinet, if necessary,” he said in the letter, copies of which were sent to Ministers of Finance, Home, Telecom and Law.
Reason behind the move
On the question whether the government should move for a Presidential Reference and in what manner, Mr. Ahluwalia said the reason for it seems to be the belief that unless certain issues are clarified the government may be forced to reopen decisions on earlier licences that were not issued on basis of auction and the court’s clarification may be needed on certain aspects even to proceed with the auction.
“I am not convinced that these concerns are valid. I also feel that raising these issues will create unnecessary problems,” he said.
@manoharan
Where is this established practice that superiors cannot be written too. Even in the Indian Armed Forces, that most hierarchical of institutions, every commander writes regular confidential letters to his superior commander detailing the state of readiness of his command for battle.
Not challenging your superiors is a very supposedly Indian tradition and the sooner we get rid of it the better. It is a foolish manager/leader who does not accept good faith dissent and advice from those that work for him.
Nobel Laureate (Economics) Prof Ronald Coase pointed out the benefits of
auctioning spectrum in his Nobel Prize winning work in 1959/60. US, UK,
Europe all have used spectrum auctioning successfully, and there are
numerous respectable papers advising for auctioning and against beauty
parade, available on the internet for anyone to read.
manoharan,
"It is an established practice that officers who are inferior in rank are not expected to write to their superiors.Here is a Deputy Chairman of the Planning Commission writing to the Chairman opposing a purported decision of the Government of India."
It is not the sernior /Junior issue. It is knowledge, in this complex world junior can always guide the senior.
If President should decide the case, it is going to be on political lines and not on logic and law. We see the ploy of our Ministers to refer this to a President who is known for doing what her masters would say. Very Sad to see the development. Not sure where justice would be done to Spectrum and Maxal cases.
Mr.Montek Singh Ahluwalia is right on all counts.
Planning commisstion was set up by a Resolution of the Government of
India.Shri Montek Singh Ahluwalia is the Deputy Chairman of the planning Commissission.Prime Minister of India is the Chairman.It is an established practice that officers who are inferior in rank are not expected to write to their superiors.Here is a Deputy Chairman of the Planning Commission writing to the Chairman opposing a purported decision of the Government of India.
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