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
ADR in Workplace Conflicts: A Guide for Employers and Employees
Workplace conflicts are inevitable. Whether stemming from miscommunication, differences in expectations, or interpersonal issues, they can disrupt the professional environment and affect productivity. For both employers and employees, finding a way to resolve these conflicts quickly, fairly, and cost-effectively is ...
Be Vigilant Before Invoking Stringent Laws Like SC-ST Act : Supreme Court ‘Reminds’ Police Officers
In a recent case, the Supreme Court reminded police officers of their duty to be vigilant before invoking provisions of stringent laws such as the SC-ST (Prevention of Atrocities) Act, stating that officers must be satisfied that the provisions apply ...
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 ...
Navigating the Future: The Rising Demand for Faster Resolutions through Arbitration
Dear community In the ever-evolving landscape of dispute resolution, the demand for faster and more efficient solutions is on the rise. As businesses and individuals seek alternatives to protracted litigation, arbitration has emerged as a compelling choice. Let's delve into ...
Row Over Services: Will Examine If Parliament Can Abrogate Constitutional Principles Of Governance For Delhi, Says Supreme Court
The Supreme Court has said a five-judge constitution bench will examine whether Parliament can “abrogate the constitutional principles of governance” for the Delhi government by making a law to take away its control over services. The Centre recently issued an ...
How to Legally Protect Your Business in India: A Complete Compliance Checklist (2026)
In today’s rapidly evolving regulatory environment, running a business in India is not just about growth—it is about staying compliant, protected, and risk-aware. Many businesses face legal challenges not due to intent, but due to lack of structured compliance systems. ...
Speak With Our
Get a Appointment