Legal and Policy Frameworks Governing Government Procurement and Public-Private Partnerships in India: Challenges, Risk Management, and Reform Strategies for Sustainable Infrastructure Development

This research is a critical analysis of the dynamic legal environment of the government procurement and public-private partnerships (PPPs) in India with regard to compliance, operational issues, and risk management. With the increased reliance on the public procurement and PPP models in the infrastructure, provision of public services, and economic development, it is important to learn the dynamics of the legal structures underlying these arrangements so as to realize transparency, value-for-money, and policy goals. The article provides a discussion on the legislative and constitutional foundations of the public procurement including major legislative stipulations in the form of the Public Procurement Bill and the sectoral guidelines. It examines the complex law of PPPs, and probes into contract models, risk allocation mechanisms, and the role of different stakeholders (both government and private). Especially compliance matters such as regulatory requirements to make competitive bids, anti-corruption measures, transparency, and technology usage in the procurement processes receive particular attention. The key obstacles such as administrative challenges, enforcement challenges, litigation challenges, and the conflicts between the stakeholders are discussed based on the recent case studies of the landmark Indian procurement and PPP endeavors. The study also examines the current risk management tactics, which include contract structure, auditing procedures, organizational safeguards and technology interventions. The dispute resolution environment is charted by examining the arbitration, litigation and other alternative forums practicable in the Indian environment. Based on comparative international experience, the study suggests the presence of sound legal changes and capacity-building to improve the efficacy and integrity of government procurement and PPP programs. In general, the study will offer practical legal information to the policymakers, administrators, and legal professionals in developing a strategy to empower the project delivery and governance processes in the Indian public sector.