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

Government trying to draft laws in simple manner and in Indian languages: Pm Modi

Prime Minister Narendra Modi emphasized the importance of lawyers and the judiciary in shaping the country's legal system. Prime Minister Narendra Modi expressed his gratitude to the legal fraternity for their substantial contribution to the country's independence movement and its ...

Card image

No Law Gives Right To Husband To Beat & Torture His Wife: Delhi High Court Grants Divorce To Woman On Ground Of Cruelty And Desertion

Synopsis The court was hearing an appeal by a woman challenging the decision of the trial court, whereby it has dismissed her petition seeking divorce from the man on the ground of cruelty and desertion While granting divorce to a woman ...

Card image

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 ...

Card image

CJI DY Chandrachud Launches e-DHCR Portal, calls it 'Powerful Platform' For Digital Publication of Judgments of Public Importance

Chief Justice of India, Justice DY Chandrachud, on Monday launched the e-DHCR portal, a user friendly official platform for reporting the judgments of Delhi High Court.  CJI Chandrachud said that the initiative marks a “profound shift” in ensuring the democratized ...

Card image

Legal Framework for Virtual Court Hearings: Challenges and Opportunities

The advent of virtual court hearings marks a significant evolution in the judicial system, reshaping traditional courtroom dynamics. While this shift brings efficiency and accessibility, it also introduces unique challenges and opportunities that require careful consideration within the legal framework. ...

Card image

NRI Divorce and Child Custody Rights in India: What You Must Know

When NRIs (Non-Resident Indians) go through a divorce involving children, legal rights around custody, visitation, and jurisdiction often become complex. Key Points: Jurisdiction Matters: If the marriage was registered in India or the couple last lived here, Indian courts can ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law