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
How to Legally Protect Your Business in India: A Complete Compliance Checklist (2026)
In today’s rapidly evolving regulatory environment, running a business in India is not just about growth—it is about staying compliant, protected, and risk-aware. Many businesses face legal challenges not due to intent, but due to lack of structured compliance systems. ...
🤝 Mediation vs. Arbitration: Choosing the Right Path in ADR ⚖️
Alternative Dispute Resolution (ADR) has become an increasingly popular method for resolving disputes outside of traditional court litigation. Among the various ADR methods, mediation and arbitration stand out as two of the most commonly used approaches. While both aim to ...
India's Tougher Anti-Paper Leak Law-A Step Towards Protecting Merit and Restoring Public Trust
A Legal Perspective on the Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 For millions of students across India, a public examination is far more than a test—it represents years of dedication, family sacrifices, and aspirations for a better ...
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 ...
Petition Against IIT Eligibility Criteria Of 75% In Class 12 Dismissed
A vacation bench of Justices Sudhanshu Dhulia and K V Vishwanathan said this prerequisite existed earlier as well and it was not inclined to intervene in the matter. New Delhi: The Supreme Court on Monday dismissed a plea challenging the ...
Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court
Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the ...
Speak With Our
Get a Appointment