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

Abstract

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.