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
Supreme Court: BCI Rules For Candidate Seeking Enrolment As Advocate To Have Completed Law Course From Recognized College Are Valid
The Supreme Court Friday held as valid the rules framed by the Bar Council of India requiring candidates seeking enrolment as an advocate to have completed their law course from a college recognized by the top Bar body. A vacation ...
Retired Employees Can’t Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The ...
Understanding Overseas Patients' Rights in India: A Guide for International Visitors
Introduction:India has emerged as a popular destination for medical tourism, attracting patients from across the globe seeking high-quality healthcare services at affordable costs. While the country offers world-class medical facilities and skilled healthcare professionals, it's essential for overseas patients to ...
AI and Big Data in Legal Case Management
The integration of artificial intelligence (AI) and big data into legal case management is revolutionizing the way law firms and legal professionals operate. These technologies offer unprecedented opportunities to streamline processes, enhance decision-making, and improve client outcomes. The Role of ...
ED Summons: What to Do & What NOT to Do (Complete Legal Guide – 2026)
Receiving a summons from the Enforcement Directorate (ED) can be stressful and confusing for individuals, business owners, and company directors. However, understanding your legal rights and obligations can help you respond effectively and avoid serious consequences. This guide explains what ...
Builder–Buyer Disputes in India: Legal Remedies Beyond Court Litigation
Builder–buyer disputes have become one of the most common legal issues in India’s real estate sector. Delays in possession, unilateral changes in project plans, poor construction quality, refund refusals, and misleading commitments have affected thousands of home buyers across the ...
Speak With Our
Get a Appointment