The Supreme Court judgement has not only delayed economic reform in a critical area like the public sector, but it has also increased uncertainty with respect to investment decisions in India. The art of management in a modern economy is about reducing uncertainty and increasing predictability and stability in public policy. Judgements such as the one in question can impact on individual fortunes as much as on the collective fortunes of the economy and the nation. If the error on the part of the executive was particularly gross and motivated, a rap on the knuckles is understandable. However, where the lapse was procedural and the intent was benign, the Court could have taken a less legalistic view and a more macroeconomic view. One way for the government to end the uncertainty now created is through an initiative that brings the Union government and all state governments together, enabling a consensus on privatisation. This will speed up the legislative correction now needed for further movement on divestment. An early political consensus can undo the damage inflicted by the judiciary on the privatisation process.