Why there is a need to pass public procurement laws in India?

There has been a valid concern raised by the Supreme Court of India against the write proceedings against the award of tenders. The Court stated that nearly every tender big or small stands challenged in routine. India has glaring inadequacies in the national public procurement laws. There is no legislation to deal with public procurement comprehensively. The public procurement by the government accounts for almost 30% of the GDP without any strong regulation. In fact, there is a whole set of intertwined rules, guidelines, and basic regulations. The courts have imposed on themselves various restrictions in the field of judicial review in case of tenders that their power to interfere is hardly exercised. Such restrictions are more welcome in case there is some alternate and effective remedy available. Thus, the need for sound legislation on public procurement cannot be more pronounced to provide the desired relief to the aggrieved parties who challenge inequities in the system.

Published: June 17, 2019 | Modified:December 1, 2019

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