Summary: As per settled legal jurisprudence, there are limited grounds available for a participating entity to raise challenges to a tender process and/ or its terms after participation. Barring such limited grounds, any challenge in respect of a tender must be raised before participation in the tender process. This blog focusses on the Supreme Court’s decision in National Highways Authority of India v. Gwalior-Jhansi Expressway Limited (2018) 8 SCC 243, which, in a specific factual matrix, held that an entity which did not participate in the tender process, did not have the locus to challenge the tender and thereby claim a substantive right arising therefrom. However, in subsequent High Court decisions, the aforesaid rationale has been applied in an overbroad manner, dehors its underlying factual matrix, effectively treating it as a general rule that non-participating entities lack locus to raise challenges in respect of tenders.