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.
The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the ...
The Supreme Court has said a five-judge constitution bench will examine whether Parliament can “abrogate the constitutional principles of governance” for the Delhi government by making a law to take away its control over services. The Centre recently issued an ...
Serving Armed Forces officers can't be deemed to be Ex-Servicemen from a prospective date, said the Supreme Court while rejecting the claim of three appellants for appointments as Village Development Officers in the Uttar Pradesh State Service. The appellants, even ...
The Personal Data Protection Bill (PDP Bill) is a transformative piece of legislation aimed at safeguarding personal data and ensuring privacy in India. Here’s a concise overview of its key provisions and implications for businesses and individuals. Key Provisions of ...
The Supreme Court on Friday (September 22) granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission(BPSC) due to non-production of original certificates at the time of interview. Holding that production ...
After opposition walked out over their demands for discussion on Manipur Violence, the Rajya Sabha passed the contentious Forest (Conservation) Amendment Bill, 2023 today. It aims to amend certain provisions under the Forest (Conservation) Act, 1980, to extend and exempt ...