In a recent case, the Supreme Court has observed that presence of an arbitration clause in the contract between the State and a private party is not an absolute bar for availing remedies under Article 226 of the Indian Constitution. The Division Bench comprising Hon’ble Justice DY Chandrachud and Hon’ble Justice MR Shah further observed
State or Instrumentalities not exempted from Jurisdiction Under Article 226, merely because there is an arbitration clause in the contract: SC
