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

Members Of Railway Protection Force Can Seek Benefit Under Employees Compensation Act Though RPF Declared As An Armed Force: Supreme Court

The Supreme Court on Monday (26.09.2023), held that an officer of the Railway Protection Force (RPF) can seek compensation under Employees Compensation Act, 1923 even though the RPF has been declared to be an armed force of the Union. “..in ...

Card image

E-Courts: The Future of Judiciary in India

India’s judiciary is at a crossroads, with digitization and judicial reforms paving the way for increased efficiency, transparency, and accessibility. The e-Courts initiative, launched by the Indian judiciary under the National e-Governance Plan (NeGP), is a transformative step toward modernizing ...

Card image

DBS Bank Directors Can’t Be Prosecuted For Acts Of Lakshmi Vilas Bank Before Amalgamation : Supreme Court Quashes Criminal Case

The Supreme Court today ruled that DBS Bank and its directors, who were appointed after the amalgamation with Lakshmi Vilas Bank(LVB) and had their appointments approved by the Reserve Bank of India (RBI), cannot be held criminally liable for actions ...

Card image

KnowTheLaw | Can NRIs Buy Agricultural Land in India?

🌾 No — NRIs are not allowed to purchase agricultural land, plantation property, or farmhouses in India, as per RBI guidelines. However, they can inherit or receive such land as a gift from a resident Indian. 📌 Important: Violating this ...

Card image

SC refuses to entertain plea for survey of Krishna Janmabhoomi-Shahi Idgah premises

The Supreme Court Friday refused to entertain a plea by 'Shri Krishna Janambhoomi Mukti Nirman Trust' seeking a survey of the Janmabhoomi-Shahi Idgah mosque premises in Mathura to determine whether it was built on a pre-existing Hindu temple. The apex ...

Card image

Lessons Every Young Lawyer Should Learn Early

The legal profession is more than a career—it is a lifelong commitment to justice, responsibility, and public service. Every advocate begins their journey with ambition, knowledge, and the desire to make a meaningful impact. However, success in the legal profession ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law