Firstly, the Central Vigilance Commission(CVC) of India, in a study about tenders and
contracts, has recognized that often tenders have restriction clauses on them, which seek to
limit the people participating in the tender process and other similar restrictions. 1 There is a
purpose behind such restrictions. It is mainly done to narrow the competition and in some
cases, to avoid frivolous companies to participate in the tender so that only reliable and big
companies participate. 2
The restriction in this case seems to be on similar lines- to ensure that only Indian
manufacturers get the opportunity to participate in the tender process. Now you cannot file a
PIL as it would be against a private body. PIL can only be filed against government or state
agencies or against a private body only even making government agency as a party to the
PIL. 3 But if you have sufficient grounds to believe that this restriction is unreasonable, you
can file a case. However, in the case of Union Of India (Uoi) And Anr. vs International
Trading Co., 4 the court held that any reasonableness of restriction should be determined in
an objective reasonable manner, just because a restriction seems harsh, does not mean it is
unreasonable. The underlying purpose of the restriction should be analysed, if it is for public
good or seems reasonable according to trade practises, then it would not be deemed fair.
Therefore, go ahead with the case only if you can prove that this restriction is unreasonable
and will do more harm than good.
3 http://www.legalserviceindia.com/article/l171-Public- Interest-Litigation.html
4 (2003) 5 SCC 437 https://indiankanoon.org/doc/178226192/ Paragraph 24.