BOMBAY HIGH COURT DISMISSES PETITION CHALLENGING UOI’s DECISION TO DISINVEST

14^TH NOVEMBER

The Bombay High Court has dismissed the PIL filed that has challenged the federal government’s transfer to disinvest Bharat Petroleum Corporation (BPCL) and defended the choice of the Cupboard Committee of Financial Affairs (CCEA) to approve the disinvestment.

The Bombay High Court division bench of Justice SC Gupte and Justice Madhav Jamdar dismissed the 4 PIL’s that opposed the central government’s decision of disinvestment of India’s second-largest public sector oil and fuel company noticed that the bench had discovered no ‘merit’ in the petitions.

The Bombay High Court said that “No legislative enactment can be challenged either on the ground of undesirability or non-application of mind. The only available challenges to enactment by a legislature are on the grounds of vires of the enactment, that is to say, lack of legislative competence on the part of the legislature, and violation of a fundamental right.”

Author Credit - Shweta Singh