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December 17, 2001
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Shourie sees opposition to divestment despite SC verdict

Opposition parties would continue to resist divestment of PSUs as a matter of 'habit' despite the landmark judgement of the Supreme Court on Balco, but the government would forge ahead with its policies, Divestment Minister Arun Shourie has said.

"People who are in habit of just opposing anything will continue to shout. It is the responsibility of the government to determine what is right for the country," Shourie said.

Asked if he expected resistance to continue after the apex court judgement upholding Balco privatisation, he said, "For Indian opposition now it is just a habit. Even on terrorism we can't speak in one voice. The tendency is to find faults with whoever is in office. On Kargil it was the same thing. So poor divestment is such a small marble."

Nevertheless, Shourie exuded confidence in pursuing the divestment policy with a vigour saying that the judgement would make it more difficult for those who were using courts to stall economic reforms.

At the same time, Shourie took exception to instances of bureaucratic opposition saying "the system has become so diffused that anybody writing a letter can stop anything at any stage, and one of the duties of ministers and senior civil servants today is to break that presumption of other that they can stop things because they think nobody has courage to overrule them on file."

Dubbing the judgement as 'significant' as its effect was far beyond divestment Shourie said, "its real significance is that it should be seen as a major step in reversing the so called progressive judgement of 1970, 80 and early 90s of the Supreme Court.

"It is to be seen as a result of deep thinking and reflection of court itself on the consequences of progressive judgements, which the court has handed out in the past. And for that reason all of us have to be thankful both to the Supreme Court and to the people who took the case (Balco) to court and enabled us to argue this point," the Minister added.

Recently there was a judgement on contract labour and earlier there was one on no-work no pay, he said, adding the apex court in this case had decided on the ambit of workers' rights making it clear this included the right to agitate about their own conditions and service.

"But they do not have right to choose their own employer. The principles of natural justice do not come into play in regard to policy decision. This applies to judicial or quasi judicial matters," Shourie said, adding workers' approval was not needed for buying or selling shares of companies.

Asked about Chhattisgarh Chief Minister Ajit Jogi's earlier allegations including that of kickbacks in Balco case, Shourie said, "That is only political goondaism. I am not talking about a particular individual but it is nothing but that."

ALSO READ:
The Divestment Development
The Balco Saga

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