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

No Law Gives Right To Husband To Beat & Torture His Wife: Delhi High Court Grants Divorce To Woman On Ground Of Cruelty And Desertion

Synopsis The court was hearing an appeal by a woman challenging the decision of the trial court, whereby it has dismissed her petition seeking divorce from the man on the ground of cruelty and desertion While granting divorce to a woman ...

Card image

What Should You Do if a False Criminal Case or FIR is Filed Against You in India?

What should you do if you suddenly discover that a criminal case or FIR has been filed against you based on false allegations? Unfortunately, misuse of criminal law to settle personal disputes, business conflicts, or property disagreements is not uncommon ...

Card image

Supreme Court Seeks Union's Stand Regarding Cryptocurrency

The Centre has told the Supreme Court it is yet to take a decision on a mechanism to regulate cryptocurrencies and effectively investigate related offences. A bench of justices Surya Kant and KV Viswanathan was told by Additional Solicitor General ...

Card image

Law's Outcome Depends On Who Wields The Law In Their Hands : CJI DY Chandrachud

Chief Justice of India, DY Chandrachud recently spoke on how justice and the outcome of the law depends on who is wielding the law in their hands. When the law is wielded with compassion, it is capable of producing justice, ...

Card image

SC Criticises Trend Of Seeking Bail Under Guise Of Challenging Validity Of PMLA In Money Laundering Cases

Article 32 of the Constitution gives individuals the right to approach the Supreme Court if they feel their fundamental rights have been violated. Supreme Court on Tuesday deprecated the trend of the accused in money laundering cases using Article 32 ...

Card image

Get Online Pass To Enter Supreme Court Premises

The Supreme Court on Thursday launched ‘SuSwagatam’, a new initiative to generate entry passes online to help those who need to visit the court premises for various purposes. Chief Justice of India (CJI) D Y Chandrachud on Thursday announced the ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law