Parameters of the fundamental policy of Indian law and patent illegality

establishes that after the statutory amendments to the Arbitration Act in 2015 and 2016, the grounds of contravention of the 'public policy of India' must be given a restrictive construction. Mere contravention of substantive Indian statutory provisions does not automatically render an arbitral award vulnerable; rather, the infraction must violate fundamental juristic principles that form the basic bedrock of justice and the legal order. Fundamental policy mandates adopting a judicial approach, complying strictly with natural justice, preventing fatal non-application of mind, and avoiding perverse decisions lacking rational justification. Furthermore, under Section 34(2A), the ground of patent illegality available in domestic arbitrations requires an illegality that is obvious on the face of the award and goes to the root of the matter, excluding trivial legal errors and preventing courts from conducting merits-based reviews under the guise of statutory scrutiny. (Prakash Atlanta (JV) Vs National Highways Authority of India | 2026 INSC 76).