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
SC removes barrier, allows deaf lawyer Sarah Sunny to argue in sign language; interpreter’s speed amazes CJI, SG
The Supreme Court in India has started allowing sign language interpretation for hearing impaired lawyers, demonstrating that not everything needs to be spoken aloud in court. In a recent case, a deaf advocate was permitted to virtually argue with the ...
Understanding Indian Constitutional Laws: A Brief Overview
Introduction: Indian Constitutional Law is the backbone of the country's legal system, laying down the framework for governance, rights, and duties of citizens, and the functioning of various institutions. Enshrined in the Constitution of India, adopted on January 26, 1950, ...
ADR in Workplace Conflicts: A Guide for Employers and Employees
Workplace conflicts are inevitable. Whether stemming from miscommunication, differences in expectations, or interpersonal issues, they can disrupt the professional environment and affect productivity. For both employers and employees, finding a way to resolve these conflicts quickly, fairly, and cost-effectively is ...
"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples
The Supreme Court on Friday (13.10.2023), raised serious concerns over the delays in the adoption process and the potential impact on both aspiring parents and children in need of loving homes. The remarks came from a bench comprising CJI DY ...
Inheritance and Succession Laws: What Every NRI Should Know
For Non-Resident Indians (NRIs), navigating inheritance and succession laws in India can be complex. Whether dealing with ancestral property, inheriting assets, or managing family estates, NRIs must understand the legal framework to safeguard their rights and avoid disputes. Here are ...
CJI DY Chandrachud Launches e-DHCR Portal, calls it 'Powerful Platform' For Digital Publication of Judgments of Public Importance
Chief Justice of India, Justice DY Chandrachud, on Monday launched the e-DHCR portal, a user friendly official platform for reporting the judgments of Delhi High Court. CJI Chandrachud said that the initiative marks a “profound shift” in ensuring the democratized ...
Speak With Our
Get a Appointment