1) Force majeure is a common clause in contracts which essentially frees both parties from liability or

obligation when an extraordinary event or circumstance beyond the control of the parties, like a war,
riot, crime, epidemic or sudden legal changes prevents one or both parties from fulfilling their
obligations under the contract. In this case, a stay order from Supreme Court of India prevents SII from
fulfilling their duties.

2) Article 141 of Constitution of India:It states that law declared by Supreme Court to be binding on all
courts within the territory of India. Thus, the general principles laid down, by the Supreme Court are
binding on each individual including those who are not a party to an order.SII falls under jurisdiction of
SCI and thus it can’t go against the stay order.

The emergency order is binding only if the Supreme Court of India recognizes it and therefore it is not
binding and has no efficacy beyond honoring the treaty, which is a moral and ethical obligation rather
than legal.

The Government of India should come up with a Plan of Action and a timeline and present it before the
Supreme Court and also reach out to other countries and show transparency.

1) Public-private partnerships in India have integrated public infrastructure with the superior financing
and maintenance provided by private enterprises. The synergistic collaborations between the public
sector and private firms and companies have led to the generation of resources and knowledge transfer.

2) Infrastructure created using these partnerships is of a superior quality. This has led to the
development of many good airports and buildings across India. India needs more basic infrastructure
and PPPs are the best way to accomplish this.
In the case of the new Chennai airport, the tussle between Airports Authority of India (AAI) and the
private consortium on controlling rights became a case in point.

• The impediments faced while inaugurating the new Chennai airport throw open more questions
than answers.

• The government’s decision to hand over the terminals to private parties has made the AAI
extremely dissatisfied because they were and are striving for having a complete control! Further
ubiquitous red tape played its usual role in delaying the project that consequently failed to meet
deadlines not once or twice but over a dozen times.

• And running parallel to this, corruption has no lesser a role to play either. From power
companies to telecom giants, wherever there is involvement of private companies in sync with the
government, the unholy trail of corruption can be seen decaying the best of models.

1)Audits were mainly based on the guidelines issued by the International Organization of Supreme Audit
Institutions (INTOSAI), A stronger policy and regulatory framework, both at the Centre and States.

2)Need to develop appropriate market instruments and capacity to raise long term equity and debt.
Fund allocation on time, Government intervention should be minimized.