New Delhi: The Supreme Court will on Thursday deliver its opinion on the Presidential Reference moved by Centre on whether auctioning of natural resources across all sectors is mandatory in line with its 2G spectrum judgement.
A five-judge Constitution Bench headed by Chief Justice SH Kapadia will also decide whether the reference is maintainable or not as it was alleged that the government tried to overrule the 2G verdict through the route of reference.
The Constitution Bench also consists of justices DK Jain, JS Khehar, Dipak Misra and Ranjan Gogoi.
The government had on April 12 moved the Reference signed by the then President Pratibha Patil in which eight questions have been raised, including whether there could be judicial interference in policy matters, vis-a-vis disposal of natural resources and investments made by foreign investors under multi and bilateral agreements.
"Whether the judgement lays down that the permissible method for disposal of all natural resources across all sectors and in all circumstances is by the conduct of auction," the Reference has stated.
"Whether the court holds that within the permissible scope of judicial review that the policy is flawed, is the court not obliged to take into account investment made under the said policy including the investment made by foreign investors under the multi and bilateral agreements," it said.
It sought the court's opinion on "whether the judgement is required to be given retrospective effect so as to unsettle the licences issued for 2G spectrum and allocated after 1994 till 2008."