Can’t Seek Immunity From Legal Provisions Because Contract
Can’t Seek Immunity From Legal Provisions Because Contract In President’s Name: SC
|
Defending the Centre, ASG argued that the contract in the case stands on a different footing as it is entered into in the name of the President.
The Union of India cannot demand an immunity from the operation of pertinent legal provisions just because a contract is in the name of the President of India, the Supreme Court ruled on Friday.
A bench, comprising Chief Justice of India Dhananjaya Y Chandrachud and justices PS Narasimha and JB Pardiwala, interpreted Article 299 of the Constitution to hold that the central government, as a party to a contract, cannot wriggle out of statutory bars by arguing that the contract is in the name of the President of India.
Article 299 provides that all contracts in the exercise of the executive power of the union or of a State shall be expressed to be made by the President or by the Governor of the State, and all such contracts will be executed by a person duly authorized in that behalf.
“Having considered the purpose and object of Article 299, we are of the clear opinion that a contract entered into in the name of the President of India, cannot and will not create an immunity against the application of any statutory prescription imposing conditions on parties to an agreement, when the Government chooses to enter into a contract,” held the judgment, authored by justice Narasimha.
Post Categories
Featured Posts
Latest Posts
Latest Posts
Uttarakhand Uniform Civil Code Receives President's Approval
In a crucial development, the Uttarakhand Uniform Civil Code (UCC) Bill, 2024 has been granted assent by President of India Droupadi Murmu. It may be recalled that in 2022, a committee was formed by Pushkar Singh Dhami-led Uttarakhand Government to ...
Companies Act – Decision To Allot Additional Shares Cannot Be Set Aside Merely Because Promoters Have Also Benefited: Supreme Court
The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other group of shareholders.The bench comprisingJustices K.M. ...
Supreme Court Says MP, MLA Can’t Claim Immunity From Prosecution On Charges Of Bribery
The seven-judge Constitution bench of the Supreme Court said it disagreed with the judgment in PV Narasimha and the judgment in PV Narasimha which grants immunity to legislators for allegedly bribery for casting a vote or speech has “wide ramifications ...
Adoption Rights for LGBTQ+ Couples: Legal Challenges in India
We recognize that the right to adopt is one of the most debated and sensitive issues for LGBTQ+ couples in India. Despite increasing societal awareness and progressive judicial rulings, the Indian legal framework still presents substantial challenges for LGBTQ+ individuals ...
Empowering NRIs: Facilitating Political Participation Through Voting Rights!
Introduction: In the digital age of globalization, the world is more interconnected than ever before. Non-Resident Indians (NRIs) are an integral part of this global community, contributing to economies, cultures, and societies around the world. However, despite their significant impact, ...
CJI DY Chandrachud Cautions About Artificial Intelligence; Says It Can Make Biased Decisions Based On Societal Prejudices
Chief Justice of India D Y Chandrachudrecently spoke on how no technology is neutral and how it can reflect human values when deployed in the real world. The CJI spoke on how one must ponder the human and societal values ...
Speak With Our
Get a Appointment