In the absence of good law (A law needed for public procurement)

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 In the absence of good law (A law needed for public procurement)

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• Supreme Court worried : The SC said that almost all awards of tenders are being challenged in courts, whether big or small, as a matter of routine. It was worried about the delays due to this.
• Problems in procedures : The SC has overlooked the various inadequacies in India's national public procurement laws. The SC may well be exasperated by the flood of writ proceedings, but that does not take the truth away.
• A comprehensive law needed : A parliamentary law on public procurement (PP) is the need of the hour. PP accounts for upto 30% of Indian GDP, but there's no law to govern or regulate it. What we have is a whole set of regulations, guidelines and rules.
• Why question the present system : Because in the past, governments have fallen over corruption in procurement, hence the issue is a serious one. We need a law to help the aggrieved parties challenge perceived inequities and illegalities.
• An attempt : The UPA brought the "Public Procurement Bill" in LS in 2012. It did not pass. The NDA tried again in 2015, with an improved version. It is yet to pass. Both had provisions for strong internal machinery for addressing complaints. 
• Article 282 : It provides for financial autonomy in public spending. But there are no guiding articles in the Constitution regarding public procurement principles etc., by Central government.  
• What about State governments : Only five states have Acts regulating public procurement - TN, Karnataka, Rajasthan, AP and Assam. But most are ineffective insofar as grievance redressal is concerned. 
• Guidelines : The Supreme Court laid down guidelines in the "Madras Bar Association v. Union of India". It gave norms for Tribunals if they are to be truly an "efficacious alternative remedy". That phrase was used wisely in Article 226 also! The Madras HC later criticised the Tribunal mechanisms.
• Examining tenders : The Courts rarely go into these. They self-regulate strongly. No doubt, corruption in government tenders is rampant! And there are no "efficacious alternative remedy" available either. So people are forced to approach the S.C. 
• Summary : The absence of a proper law to govern the tendering processes of the government of India (and even the states) is putting a lot of pressure on the judiciary, and creating a loss of faith in the system overall.

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