“What a slap on the faces of the corrupt” exulted a jubilant journalist friend, reacting to Supreme Court judgment in the 2G public interest litigation. The statement aptly articulates the sentiment of the Indian judiciary. The sentiment is anger. However, the rule of law has never been about slapping faces – a rather passionate reaction for a democratic institution which is required to be dispassionate. The Supreme Court’s decision to cancel the 122 telecom licenses suffers from several fundamental flaws which fly in the teeth of a constitutional democracy.
