Can’t Seek Immunity From Legal Provisions Because Contract

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

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.

Latest Supreme Court
Search Here

Latest Posts

Card image

EVMs Non-Tamperable, Demand For 100% VVPAT Verification Regressive: Election Commission Tells Supreme Court

Ahead of the 2024 Lok Sabha elections, the Election Commission of India (ECI) has staunchly defended electronic voting machines (EVM) as ‘non-tamperable’, both owing to technological measures and strict administrative and security procedures designed by the commission. In a recent ...

Card image

NEET-PG : Supreme Court Dismisses Plea Challenging Reduction Of NEET-PG 2023 Qualifying Percentile To Zero

The Supreme Court on Monday (September 25) dismissed a petition challenging the decision of the Union Government to reduce the cut-off for post-graduate medical college admissions through NEET-PG 2023 exam as zero percentile. A bench comprising dismissed a PIL filed ...

Card image

Estate Planning and Succession Laws for NRIs: A Comprehensive Guide

Estate Planning and Succession Laws for NRIs: A Comprehensive Guide Estate planning is not just a necessity; it's a critical step in securing your family’s future, ensuring the seamless transfer of assets, and minimizing legal complications. For Non-Resident Indians (NRIs), ...

Card image

Permanent Establishment (PE) Risk for Foreign Companies in India – 2026 Compliance Alert

Introduction: Why PE Risk Is a Serious Compliance Issue in 2026 India continues to witness heightened scrutiny of foreign companies operating through subsidiaries, employees, consultants, and digital presence. With increased data sharing, GST intelligence, and income-tax investigations, Permanent Establishment (PE) ...

Card image

Judicial Decorum vs. Legal Expression: Balancing Dissent with Discipline in India’s Courtrooms

🏛️ The Incident That Sparked a National Conversation The recent events in the Supreme Court of India have reignited a fundamental debate — where does a lawyer’s right to expression end and duty to maintain decorum begin? A courtroom is ...

Card image

Legal Challenges in Cryptocurrency and Blockchain: Exploring the Evolving Legal Landscape

The rise of cryptocurrencies and blockchain technology has revolutionized the financial world, but it has also brought about a series of complex legal challenges. As more businesses and individuals adopt digital currencies and decentralized systems, governments and regulatory bodies are ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law