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ARTICLE · 16 DECEMBER 2009

Public Procurement: India – ‘Best Practices’

Kachwaha & Partners
Kachwaha & Partners
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The Constitution of India inter alia enshrines certain ‘Fundamental Rights’ which are available and enforceable against the State.

IndiaGovernment, Public Sector
Sumeet Kachwaha
Sumeet Kachwaha
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Introduction:

The Constitution of India inter alia enshrines certain 'Fundamental Rights' which are available and enforceable against the State. The expression 'State' is widely defined (including PSU's). The State and Parliament respectively cannot act or pass any law contrary to or in violation of Fundamental Rights which would result in unequal or discriminatory or arbitrary treatment and unlike a private entity, the State is accountable. This is the foundation of India's public procurement policy. This Chapter presents the best practices evolved and prescribed in India in matters of public procurement.

I. Role of the judiciary in shaping public procurement policy of India:

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