Legal implications of Rafale judgment: You cross the Rubicon at your own risk

Legal implications of Rafale judgment: You cross the Rubicon at your own risk© financialexpress.com

Legal implications of Rafale judgment: You cross the Rubicon at your own risk

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The Supreme Court’s recent judgment on the issues relating to the procurement of 36 Rafale fighter jets for the Indian Air Force is based on a scrutiny of three broad areas, namely on (i) decision making (ii) difference in pricing and (iii) choice of the Indian Offset Partner (IOP). On all the three issues mentioned above, the Supreme Court held against the writ petitioners.

On the aspect of the ‘decision making process’ in the Rafale deal, the court held, at para 22 of the judgment that there is no occasion to doubt the process and also that there is a financial advantage to the nation. At a broad level, the processes have been followed, the court had stated.