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ARTICLE · 24 OCTOBER 2022

Restraint Or Reluctance – Judicial Review In Tender Conditions

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
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Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co

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In September 2022, the Hon'ble Supreme Court of India, in Airports Authority of India v. Center for Aviation Policy, Research and Research & Ors., overturned the decision of the High Court of Delhi...

IndiaLitigation, Mediation & Arbitration
Karan Joseph
Karan Joseph
Dushyanth Narayanan
Dushyanth Narayanan
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In September 2022, the Hon'ble Supreme Court of India, in Airports Authority of India v. Center for Aviation Policy, Research and Research & Ors.,1 overturned the decision of the High Court of Delhi in quashing the terms of a tender for Ground Handling Services in Airports. This Judgement raises various questions about the scope of judicial review in the terms of tenders fixed by various authorities.

The scope of review in matters relating to tenders is restrictive, and is directed primarily to prevent arbitrariness, irrationality, unreasonableness, bias or mala fides.2 The Court reiterated the principal that in order to determine whether a decision is made lawfully, the commercial prudence of the decision is not amenable to judicial review.

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