Supreme Court Strikes Down Exclusionary Tender Practices

The Supreme Court criticized a Chhattisgarh government tender for sports kits, citing that conditions unjustly restricted competition. The bench emphasized that tender criteria should foster inclusivity and competitiveness to protect public interests, aligning with constitutional guarantees and ensuring fair market practices.

The Supreme Court has issued a stern warning to the State regarding exclusionary tender practices that impede constitutional guarantees. On Monday, the apex court overturned a Chhattisgarh government's tender for supplying sports kits, emphasizing the need for fair competition.

Justices Sanjay Kumar and Alok Aradhe highlighted that while the State is at liberty to set tender conditions, it must do so without restricting market access unjustly. The ruling emphasized the importance of a level playing field, urging criteria that promote broad participation and secure favorable pricing for state projects.

The bench's decision challenges the State's approach that excluded financially and technically competent bidders lacking local experience. The court stated such practices create artificial barriers, infringing on bidders' fundamental rights and skewing competition.

(With inputs from agencies.)