Supreme Court Refers 'Bharat Drilling' Judgment To Larger Bench

The article reports that the Supreme Court has referred the 2009 Bharat Drilling judgment to a larger bench to clarify whether “prohibited claims” in government contracts can be adjudicated by arbitral tribunals. The Court expressed concern that the earlier ruling has been repeatedly invoked to dilute explicit contractual bars and to widen arbitral jurisdiction beyond intended limits. The piece details the factual matrix prompting reconsideration, the specific legal question framed, and the judicial reasoning that inconsistent application of the judgment has created uncertainty in public procurement disputes. The article also explains how the outcome may significantly affect arbitrability of claims in government contracts, uniformity in tribunal practices, and clarity for contracting agencies and contractors.