Can’t Seek Immunity From Legal Provisions Because Contract

Card image

Can’t Seek Immunity From Legal Provisions Because Contract In President’s Name: SC

By Team EOS |

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.

Latest Supreme Court

Latest Posts

Card image

Legal Framework for Virtual Court Hearings: Challenges and Opportunities

The advent of virtual court hearings marks a significant evolution in the judicial system, reshaping traditional courtroom dynamics. While this shift brings efficiency and accessibility, it also introduces unique challenges and opportunities that require careful consideration within the legal framework. ...

Card image

SC Issues Notice On PIL Seeking Action Against Doctors Who Do Not Prescribe Generic Medicines

The plea said that affordability of medicines is a vital factor that contributes to effective healthcare delivery and the realization of the ‘right to health’ The Supreme Court on Friday issued notice on a PIL seeking disciplinary actions against doctors ...

Card image

"Why Are You Being So Patriarchal?" : Supreme Court Asks Centre Over Denial Of Permanent Commission To Woman Coast Guard Officer

The Supreme Court on Monday (February 19) pulled up the Central Government over the denial of Permanent Commission for women officers in the Indian Coast Guard (ICG).  The bench led by Chief Justice of India DY Chandrachud,  hearing a plea of ...

Card image

Understanding the Legal Rights of NRIs in Indian Property Matters

Introduction: For Non-Resident Indians (NRIs), owning property in India is not just a financial investment but also a connection to their roots and heritage. However, navigating the legal landscape of property ownership in India can be complex, especially for those ...

Card image

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. ...

Card image

Empowering Dispute Resolution: How Technology is Shaping the Future of ADR

🎯 The Role of Technology in Enhancing ADR Processes The advent of technology has transformed virtually every industry, and the field of Alternative Dispute Resolution (ADR) is no exception. ADR processes, including mediation, arbitration, and negotiation, have traditionally relied on ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law