Role of Constitutional Courts in Matters Concerning Contracts by Government and Public Contracts: a Brief Analysis of Case Law

  • Kaushal J. Thaker High Court of Judicature, Allahabad, UP
Keywords: Constitutional Courts, Constitution Law, Judicial Review, Public Contract, Contractual Matters


The Article examines the role of constitutional courts in interpreting the constitutional values as far as it relates to rights of individuals and/or contractors vis-a-vis rights and duties cast on the Government and public entities as defined in Article 12, Constitution of India, 1950 so as to balance the competing rights and duties of both. The Article would focus on contracts which can be said to be Government contracts, the focus on the terms  of Contract and special emphasis on Law relating to entering into contract by tenders, black listing/ debarment of Contractors by the Public Sector and/or Government organizations, namely, on the contours of Articles 14,19 and 226 read with interpretation of Articles 298 and 299, Constitution of India, 1950 as interpreted in the realm of administrative/ constitutional jurisdiction of the Constitutional Courts. The Article would take the reader to the term contract and the development in area of Constitutional Law augmenting the perfection of Constitutional vision of justice, boundaries of judicial review and contours of deciding whether the contract was enforceable contract or not. The Article would take the reader to the concept of what is blacklisting, and can a company be blacklisted? If the answer is 'Yes' what are the Rules of black listing of contractors. the principles, namely, enunciated by the Apex Court. The principles of natural justice and their applicability to such debarment, was for any collateral purpose or in colorable exercise of power. The principles for which the prerogative writs are invoked time and again, and the remedies for breach of the contractual liability of the Government would also be discussed at length vis-a-vis statutory remedies of preferring suits or appeals and/or the equitable remedy. In the end on the toxicology of debarment vis-a-vis the period during which it would remain in operation is discussed.


Jamshed Hormusji Wadia Vs. Board of Trustees, Port of Mumbai (2004) 3 SCC 214

Bharat Petroleum Corporation Ltd. Vs. Maddula Ratnavalli (2007) 6 SCC 81

Grosons Pharmaceuticals (P) Ltd. Vs The State of Uttar Pradesh AIR 2001 SC 604

The Union of India Vs. A.K.Mathiborwala 76 BOMLR 659

Vetindia Pharmaceuticals Limited Vs. State of Uttar Pradesh 2020(0) AIJEL-SC 66666

Justice Makrkandey Katju. K.L. Sarkar’s Mimansa Rules of Interpretation. 4th Edition. Thomson Reuters.

Mulla. The Indian Contract and Specific Relief Acts. 15th Edition. LexisNexis.


Moodalay Vs. Morton (1875) I BroCC 469

R.T. Rangachari Vs. Secretary of State for India in Council AIR 1937 PC 27

Substituted by the Constitution (7thAmendment) Act, 1956, Durga Das Basu. 2012 Commentary on the Constitution of India. 8th Edition.

Sagir Ahmad Vs. State of U.P. AIR 1954 SC 728

Ram Jawaya Vs. State of Punjab (1955) 2 SCR 225

Aniraj Vs. State of Maharashtra AIR 1984 SC 781

State of Bihar Vs. Majeed AIR 1954 SC 786

Union of India Vs. N.K. (P) Ltd. AIR 1972 SC 915

Bhikraj Jaipuria Vs. Union of India AIR 1962 SC 113

Century Spg. and Mfg. Co. Ltd. Vs. Ulhasnagar Municipal Council (1970) I SCC 582

K.J. Thaker. 2005. ‘A Brief History of Law and Morality and Their Interdependence : A Discussion with Reference to Present Day Scenario’ GLR

K.S. Puttaswami Vs. Union of India (2017) 10 SCC 1 para 266

Radhakrishan Agarwal Vs. State of Bihar AIR 1977 SC 1496

Ramana Dayaram Shetty V. International Airport Authority of India 1979 AIR SC 1628

Ganpati Metals Vs. M.S.T.C. Ltd. (2005) 12 SCC 169

Sangeeta Vs. Union of India (2005) 7 SCC 484

Reliance Energy Ltd. Vs. Maharashtra State Road Development Corporation Ltd. (2007) 8 SCC 1

N.Ramachandra Reddy Vs. State Of Telangana 2019 JX(SC) 1014

Samundra Devi v/s. Narendra Kaur (2008) 9 SCC 100

Rattan Chand Hira Chand Vs. Askar Nawaz Jung (1991) 3 SCC 67

Mohammad Shahbag Alam Vs. State of Jharkhand AIR 2021 Jharkhand 4

Andhra Pradesh State Road Transport Corporation Versus S.Jayaram 2004 (13) SCC 792

Union of India Vs. Anglo Afghan Agencies AIR 1968 SC 718

H.M. Seervai. 1999. Constitutional Law of India, Vol I 4th Edn., Delhi: Universal Book Traders, Delhi, 864

Motilal Padampat Sugar Mills Co.Ltd. Vs. State of U.P. (1979) 2SCC 409

Ghanshyan Indravadan Pandya V. University Engineer (2018) 3 GLH 18

K.K.Sorathia V. Gujarat Water Supply And Sewerage Board 2016 JX(Gujarat) 492

Siddharth Mohanlal Sharma V. South Gujarat University 1982 (1) GLR 233

M/s. Erusian Equipment & Chemicals Ltd. vs. State of West Bengal and another (1975) 1 SCC 70

Joseph Vilangandan vs. The Executive Engineer, (PWD), Ernakulam and others (1978) 3 SCC 36

AIR 2014 SC 3371

P.C. Snehal Construction Co Vs. Gujarat Water Supply and Sewerage Board In Special Civil Application No.16553 of 2013

M/S Kulja Industries Ltd. Vs. Chief Gen. Manager W.T. Proj. BSN AIR 2014 SC 9

M/s Daffodills Pharmaceuticals Ltd. & Anr. Vs. State of U.P. and another (2019) 17 SCALE 758

Vetindia Pharmaceuticals Limited Versus State Of Uttar Pradesh 2020 (0) AIJEL-SC 66666

Basanti Prasad Vs. Bihar School Examination Board 2009 6 SCC 791

Erusian Equipment & Chemicals Ltd. Vs. State Of West Bengal 1975 1 SCC 70

Gorkha Security Services Vs. Government AIR 2014 SC 3371

Joseph Vilangandan Vs. The Executive Engineer, (Pwd), Ernakulam 1978 3 SCC 36

Kulja Industries Limited Vs. Chief General Manager, Western Telecom Project Bharat Sanchar Nigam Limited 2014 14 SCC 731, (7)

Maharashtra SRTC Vs. Balwant Regular Motor Service AIR 1969 SC 329, (8)

Moon Mills Ltd. Vs. Industrial Court AIR 1967 SC 1450

State Of M.P. And Others Vs. Nandlal Jaiswal And Others 1986 4 SCC 566

UMC Technologies Private Limited Vs. Food Corporation of India (2021)2 SCC 551

O.N.G.C. vs. Collector of Central Excise (1992) Supp (2) SCC 432

Govt. of A.P. Vs. Collector (2003) 3 SCC 472

Sunday Times of India. 2020, 13 September

How to Cite
Thaker, K. J. (2021). Role of Constitutional Courts in Matters Concerning Contracts by Government and Public Contracts: a Brief Analysis of Case Law. GLS Law Journal , 3(2), 1 - 13. Retrieved from