Legal Architecture and Transparency Paradigms in Indian Public Sector Procurement: A Comprehensive Constitutional and Regulatory Analysis
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FREE CONSENT AND CAPACITY TO CONTRACT
The Contract Law prescribes basic requisites for a contract to be legally enforceable, including free consent and competency of parties. The contract is void when the consent has not been genuine and obtained by coercion, fraud, misrepresentation, undue influence or mistake. Mistakes may be of facts, or law, affecting the agreements. It further provides that […]
SERIOUS FRAUD AND INTERNATIONAL COMMERCIAL ARBITRATION: COMPARATIVE TRENDS AND THE INDIAN DILEMMA
The rapid expansion of international commercial arbitration has transformed arbitration into the preferred mechanism for resolving cross-border commercial disputes. Built upon the principles of party autonomy, procedural flexibility, confidentiality, and minimal judicial intervention, arbitration seeks to provide an efficient alternative to traditional litigation. However, the arbitrability of disputes involving allegations of fraud continues to remain […]
Judicial Review: Constitutional Safeguard and Protector of Fundamental Rights
Judicial review is one of the most significant features of constitutional governance and democratic administration. It acts as a mechanism through which the judiciary examines the constitutionality and legality of legislative enactments and executive actions. In democratic societies, judicial review preserves constitutional supremacy, safeguards individual liberties, and ensures that governmental authorities function within the limits […]
Balancing Commercial Autonomy and Government Control in Indian Public Sector Undertakings: A Legal Analysis of Corporate Governance Reforms
Public Sector Undertakings (PSUs) occupy a unique position within India’s constitutional and economic framework. Conceived as instruments of socio-economic transformation after independence, PSUs were expected to combine commercial efficiency with public accountability. However, their dual character as corporate entities incorporated under company law and as “State” instrumentalities under Article 12 of the Constitution has created […]
Effectiveness of Direct Benefit Transfer (DBT) in Reducing Leakages
India’s welfare architecture has historically suffered from inefficiency, corruption, and systemic leakages that prevented public benefits from reaching intended beneficiaries. The introduction of Direct Benefit Transfer (DBT), supported by the JAM Trinity—Jan Dhan bank accounts, Aadhaar biometric identification, and mobile connectivity—marked a transformative shift in governance and welfare delivery. This paper examines the effectiveness of […]
Policy Design Failures in India: A Case Study Approach
Public policy serves as the principal mechanism through which modern states attempt to address economic, social, and political challenges. In India, however, the ambitious scope of public policy frequently collides with the realities of weak institutional capacity, socio-economic diversity, and uneven implementation structures. While Indian policies are often intellectually sophisticated and technologically ambitious, many fail […]