From Discretion to Enforcement: A Critical Appraisal of Specific Performance under the Amended Specific Relief Act, 1963.

Jai Prakash Kushwah; Suraj Pratap Singh Kushwah

From Discretion to Enforcement: A Critical Appraisal of Specific Performance under the Amended Specific Relief Act, 1963.

Author(s)	Dr. Jai Prakash Kushwah, Suraj Pratap Singh Kushwah
Country	India
Abstract	Abstract The remedy of specific performance has historically been rooted in equitable discretion, operating as an exception to the general rule of awarding damages for breach of contract. Under the Specific Relief Act, 1963, courts exercised broad judicial discretion in granting this remedy, guided by principles of fairness, hardship, and readiness and willingness of the plaintiff. However, the enactment of the Specific Relief (Amendment) Act, 2018 marked a decisive shift in the remedial framework by transforming specific performance from a discretionary relief into a more rule-based and enforceable remedy. The amendment substituted Section 10, curtailed the scope of judicial discretion, introduced the concept of substituted performance, and restricted injunctive relief in infrastructure projects to promote commercial certainty and improve India’s investment climate. This paper critically examines the doctrinal and practical implications of this transition from discretion to enforcement. It analyses whether the legislative intent to strengthen contractual sanctity and ensure ease of doing business has been achieved without compromising the equitable foundations of specific performance. The study further evaluates post-amendment judicial trends of the Supreme Court of India and various High Courts, particularly concerning readiness and willingness under Section 16, substituted performance under Section 20, and statutory limitations under Sections 14 and 20A. Through doctrinal analysis and case-law evaluation, the paper argues that while the amendment enhances predictability and reduces judicial subjectivity, it also raises concerns regarding the dilution of equity-based safeguards. The research concludes by suggesting a calibrated interpretative approach that harmonizes statutory enforcement with equitable justice in contemporary Indian contract law.
Keywords	Keywords Specific Performance; Specific Relief Act, 1963; Specific Relief (Amendment) Act, 2018; Judicial Discretion; Contract Enforcement; Substituted Performance; Readiness and Willingness; Infrastructure Contracts; Equity; Commercial Certainty; Supreme Court of India; Contract Law Reform.
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 2, March-April 2026
Published On	2026-03-01

View / Download PDF File

E-ISSN 3048-7641

doi

CrossRef DOI is assigned to each research paper published in our journal.

AIJFR DOI prefix is
10.63363/aijfr

Downloads

Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 7 Isu 1 Cover Page Vol 6 Isu 6 Cover Page Vol 6 Isu 5

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA

About AIJFR Fees & Payment Current Issue Publication Archive	Submit Research Paper Track Submission Status Publication Guidelines Publication Ethics Peer Review & Plagiarism	Join as a Reviewer Editors & Reviewers Reviewer Referral Program Get Reviewer Membership Certi.	Website/Journal Policies Usage Policy Content Policies Privacy Policy

Contact Us		+91-9898-79-39-59	editor@aijfr.com

Advanced International Journal for Research

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

From Discretion to Enforcement: A Critical Appraisal of Specific Performance under the Amended Specific Relief Act, 1963.

Share this