Legal-Institutional Drivers of Strategic Misalignment in India's Public-Sector Infrastructure Projects: A Mixed-Methods Study Combining Regulatory Analysis, Secondary Statistical Evidence, and a Primary Practitioner Survey
Keywords:
strategic misalignment; infrastructure law; institutional governance; public– private partnership; arbitration; India’s Public-Sector Infrastructure ProjectsAbstract
India has expanded public infrastructure investment sharply over the past decade, yet official monitoring continues to show that a substantial share of centrally sanctioned projects run over cost, over time, or both. This paper argues that these visible symptoms sit on top of a deeper problem — strategic misalignment, where a project that eventually gets built still fails to serve the long-term institutional purpose that justified approving it — and that this misalignment owes as much to India's legal and regulatory architecture as to administrative practice. Drawing on a PRISMA-adapted review of the institutional-governance and megaproject-management literatures, the paper builds a framework grounded in the statutes and case law that actually govern Indian infrastructure delivery: land acquisition under the 2013 RFCTLARR Act, environmental and forest clearance law, financial-sanction rules under the General Financial Rules, sector statutes for highways, railways, and electricity, and the contract and arbitration law behind public–private partnerships, illustrated through the fourteen-year Delhi Metro Rail Corporation v. Delhi Airport Metro Express dispute. The framework is then tested two ways. A secondary-data analysis of Ministry of Statistics and Programme Implementation (MoSPI) Flash Reports from 2017 to 2026 applies a chi-square test, a Kruskal–Wallis test, and a correlation/regression trend test. A new 240-respondent practitioner survey, analysed through reliability testing, exploratory factor analysis, and structural equation modelling, tests five legal-institutional constructs against a latent strategic-misalignment outcome. The secondary data show overrun incidence essentially unchanged across four reporting periods (χ² = 3.69, df = 3, p = .297), a directional but non-significant sector effect (H = 4.50, p = .105), and a borderline downward trend in overrun severity between 2018 and 2026 (r = -.72, p = .066). The survey-based model fits the data well (χ²(284) = 316.50, p = .090; CFI = .985; TLI = .983; RMSEA = .022) and identifies contractual/arbitration risk (β = .35, p < .001), land acquisition risk (β = .23, p = .004), and institutional coordination weakness (β = .22, p = .010) as the strongest predictors of perceived misalignment, together explaining 53 per cent of its variance. Read together, the legal record, the secondary statistics, and the practitioner data point the same way: closing India's infrastructure alignment gap requires reform of appraisal law, land law, and arbitration practice, not project management alone.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Restitution Law Review

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.