The Jurisprudence Of Blacklisting: Balancing Governance, Fairness, And Rights
- IJLLR Journal
- Feb 5
- 1 min read
Preyaa Kumar, Gujarat National Law University
Aishani Agarwal, Gujarat National Law University
ABSTRACT
This paper examines how the blacklisting jurisprudence fits within Indian administrative law as a complicated convergence of governance, fairness and constitutional rights. While blacklisting is frequently interpreted as an administrative tool, it may entail detrimental civil consequences such as reputational damage and economic deprivation, resulting in “civil death” as highlighted by the courts. By looking at key cases like Erusian Equipment, Patel Engineering and Kulja Industries this paper tracks the way in which courts in India have constitutionalised administrative discretion by embedding concepts of proportionality, natural justice and procedural fairness into their doctrine. Another significant aspect of this paper examines the contrast between state exclusion from operating a business because of the exclusionary powers of the state under Article 298 versus private contractual discretion, whereby the powers of the state are constrained by Articles 14, 19(1)(g), and 21. Finally, this paper identifies a significant gap in the current fragmented, non-codified policy framework in India when compared to structured regimes found in the European Union and United States, and recommends that India move toward codification, independent oversight, and an open and transparent process regarding blacklisting as a legitimate means of regulation and not punitive in nature. The overall emphasis on this analysis is to maintain a focus on the principles of fairness and dignity as they apply to administrative governance in a constitutional democracy.
