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Administrative Law
Judicial Review of Tenders: The Narrow Window
- Satyendra Chandra Tripathi
- 02 September 2024
- 8 min read
Courts defer to the State's commercial wisdom, yet arbitrariness remains reviewable. Where the line is drawn in recent decisions.
Deference and its limits
Courts do not sit in appeal over the commercial wisdom of the State. Review is confined to arbitrariness, mala fides, irrationality and breach of the tender conditions by the authority itself.
What succeeds
Challenges succeed where an essential condition has been relaxed for one bidder alone, where the evaluation criteria were altered after bids were opened, or where the decision-making record discloses no reasons at all.
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Discuss your matter This article is general commentary and does not constitute legal advice. Please consult chambers on the facts of your own matter.