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Highlights of SC verdict halting oil PSU sale

September 16, 2003 18:38 IST

The Supreme Court on Tuesday said the Centre could not privatise oil PSUs -- HPCL and BPCL -- without prior approval from Parliament.

Following are the highlights of the judgement:

  • Government restrained from proceeding any further on the privatisiation of HPCL and BPCL
  • Privatisation of HPCL and BPCL without prior approval from Parliament 'not permissible at all.'
  • Balco judgement not applicable as the aluminium company was not created by an Act of Parliament like the public sector oil companies.
  • The government should approach Parliament for amending the parliamentary laws to permit divestment.
  • Character of oil PSUs as government companies provided in the statute cannot be changed by an executive decision.
  • If the government was permitted to divest its stake in the PSUs below 51 per cent making them ordinary companies, it would have been provided for in the statute.
  • If divestment takes place and the PSUs cease to be Government companies, the parliamentary laws providing that they should be government companies 'will be a fallacy.'

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