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
Companies Act – Decision To Allot Additional Shares Cannot Be Set Aside Merely Because Promoters Have Also Benefited: Supreme Court
The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other group of shareholders.The bench comprisingJustices K.M. ...
UPSC CSE: No Interim Relief, Delhi High Court Asks CAT To Expeditiously Decide On Plea To Lower CSAT Cut-Off
The Delhi High Court on Wednesday asked the Central Administrative Tribunal to decide expeditiously the Plea seeking reduction in the cut off from 33% to 23% for qualifying Part II (CSAT) exam of 2023 Civil Services Examination conducted by UPSC ...
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 ...
Supreme Court Stays High Court Order On Old Pension Scheme For Paramilitary Forces
The Supreme Court on Friday stayed the Delhi High Court judgment which held that the old pension scheme (OPS) will be implemented in the Central Paramilitary Forces (CAPF). During a brief hearing, a bench of Justices Sanjeev Khanna and Bela ...
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 ...
Evolving Social and Constitutional Rights for LGBTQ+ Communities
The journey toward equality for LGBTQ+ communities in India has been marked by significant legal and social milestones. From the decriminalization of same-sex relationships to ongoing debates about marriage equality and adoption rights, the evolution of LGBTQ+ rights reflects the ...
Speak With Our
Get a Appointment