Judicial Review of Government Contracts and T...

Judicial Review of Government Contracts and Tenders

Author Name : Bhaswati Goldar

ABSTRACT

With the advent of modernisation, the way in which Government functions has undergone radical changes.Now, government functions not just include legislation and implementing but also include a distinct function of commercial development which has transfomed it into a prime participant in the commercial arena.The government mostly perform this function through delegation.This is usually done by two methods broadly, either by floating tenders or the government entering into contracts.The entire process of delegation and their work untill accomplishment of the particular objective of the tender is minutely supervised by various concerned government departments.Judicial review of decisions taken by public authorities is one of the essential requirements in a democracy as it ensures checks and balance as well as curbing coercive power of state by maintaining  fair just and bona fide government commercial transactions.

The Central Vista Project case in 2021, which created quite a stir when its judgement was pronounced, been a matter of great discussion lately.This brings us the food for thought to dig deep into the realm of how such other instances has been dealt by courts previously.This paper provides a perspective with regard to role of judicial review as a deterent force to reduce abuse of powers by the Government and shall analyse trends of judicial review in the light of recent judgements passed by courts across the country and also delve deep into understanding the scenario and reasons of the courts adopting such approach towards such disputes involving administration of government contracts and tenders.

Keywords : modernisation, delegation, floating tenders, government contracts, judicial review.