JUDICIAL DECISIONS ON PUBLIC POLICYIn the case of Renusagar Power Plant Co. Ltd v. General Electric Co., (Renusagar Case), the Supreme Court, while interpreting the term "public policy" in Section 7(1)(b)(ii) of the Foreign Awards (Recognition and Enforcement) Act, 1961 ) (Foreign Awards Act) applied the principles of private international law and held that an award would be contrary to public policy if such enforcement would be contrary to (i) the fundamental policy of Indian law; or (ii) the interests of India; or (iii) justice or morality and cannot be overturned on the merits. In the case of Oil and Natural Gas Corporation Ltd. c. SAW Pipes Ltd., the injured party challenged an unfavorable arbitral award because the arbitral tribunal had incorrectly applied the law of damages. in case. In holding that the impugned award was legally flawed, the Court held that, in addition to the public policy interpretation in the Renusagar case, a domestic arbitral award may be set aside if it contravenes the "provisions of the [Law] Arbitration and Conciliation Act, 1996. or any other substantial law governing the parties or is contrary to the terms of the contract. The Supreme Court's decision in the SAW Pipes case added "patent illegality" as a fourth public policy consideration to the three considerations previously listed in the Renusagar case. In Gherulal Parakh v. Mahadeodas Maiyev, the Supreme Court observed that “public policy” or the politics of law is an illusory concept. He has been described as an "unreliable guide", a variable quantity", an "unreliable", an "unruly horse", etc. The primary duty of a court is to enforce a promise made by the parties and to uphold the sanctity of contracts. which form the basis of society, but in c...... middle of paper ......ment. This evokes a question that concerns the public good or public interest. The “public policy” doctrine is somewhat open and flexible and this flexibility has been the cause of judicial censure of the doctrine. The concept of “public policy” means what is good for the public or in the public interest or what would be detrimental or harmful from time to time. The new concept of public policy replaces the old one. The public policy of India does not cover the public policy of the country, a mere violation of the law would not attract a public policy ban, but the award must be contrary to the "fundamental policy of Indian law" or to “interest of India” or “justice or Morality” or “Clearly illegal”. The principles governing what would be “public policy” will have to be interpreted each time according to the facts of each case and with the law applicable at the relevant time...