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

Empowering Dispute Resolution: How Technology is Shaping the Future of ADR

🎯 The Role of Technology in Enhancing ADR Processes The advent of technology has transformed virtually every industry, and the field of Alternative Dispute Resolution (ADR) is no exception. ADR processes, including mediation, arbitration, and negotiation, have traditionally relied on ...

Card image

Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court

Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and ...

Card image

Elevate Your Legal Strategy with Expert Witness Preparation Support

Introduction: In the realm of legal proceedings, witness testimony can make or break a case. It's the narrative that often tips the scales of justice. Yet, preparing witnesses for the courtroom is a nuanced art—one that demands expertise, strategy, and ...

Card image

Startups and Legal Compliance: A Guide to Navigating Indian Laws

Navigating legal compliance is crucial for startups to establish a strong foundation and ensure sustainable growth. In India, understanding and adhering to applicable laws can be complex but essential. Here’s a concise guide to help startups stay compliant: 1. Incorporation ...

Card image

Rajya Sabha Passes J&K Reorganization Bill To Bifurcate Jammu And Kashmir Into Two Union Territories

The Rajya Sabha has passed the Jammu and Kashmir (Reorganization) Bill, 2019, which is set to bifurcate the state of Jammu and Kashmir into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will ...

Card image

Understanding Section 11: Why Minors Cannot Contract | Know the Law

📘 Can a Minor Enter Into a Contract? ❌ Absolutely Not.As per Section 11 of the Indian Contract Act, 1872, a person must be of the age of majority (i.e., 18 years or 21 in certain guardianship cases) to enter ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law