Report No. 145

5.17. Inadvisability of amendment.-

There are, in fact, certain issues going beyond the narrow topic of tenders and contracts. State action is subjected to judicial review, because it is action in which the public have an interest. The ground of judicial review known as arbitrariness has come on the scene because it is the public which is affected as a whole. The individual whose interests are prejudiced by arbitrary action may appear to be pursuing his own interest, and may look like a very small character in the drama.

But, in reality, he is only a vehicle through which a much bigger message is sought to be conveyed. Philosophically (though not legally) he is a minuscule reflection of the great and majestic concept of the Rule of Law. Through each individual that invokes the law for his own cause, what speaks is the voice of the public. From whichever angle one looks at public sector undertakings it is, ultimately their public character that brings them in the same category as the Government proper.