Supreme Court of India

Centre for Public Interest Litigation v. Union of India and Anr.

Neutral citation
Reported as [2003] SUPP. 3 S.C.R. 746
Bench S. Rajendra Babu and G.P. Mathur JJ.
Decided 16 September 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow these petitions restraining the Central Govern­ ment from proceeding with disinvestment resulting in HPCL and BPCL G ceasing to be Government companies without appropriately amending the statutes concerned suitably.

Judgment, page 17

From the headnote

ESSO (Acquisition of Undertaking in India) Act, 1974-Section 7- Disinvestment-Procedure required for-Private oil companies acquired by the Government by enacting various statutes-Government taking decision to disinvest oil companies by executive decision-No steps to repeal or amend the provisions of the statutes-Held, disinvestment cannot be made without repealing or amending the statutes-Constitution of India-Article 32. Interpretation of Statute-Preamble to a statute-Significance a/- Held, though does not control the statute but can be an aid to construction of the statute. In the 1970s,

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