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

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 ...

Card image

EVMs Non-Tamperable, Demand For 100% VVPAT Verification Regressive: Election Commission Tells Supreme Court

Ahead of the 2024 Lok Sabha elections, the Election Commission of India (ECI) has staunchly defended electronic voting machines (EVM) as ‘non-tamperable’, both owing to technological measures and strict administrative and security procedures designed by the commission. In a recent ...

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

Dividend Income From Indian Entity's Establishment In Oman Having ‘Permanent Establishment’ Status Under DTAA Not Taxable In India: Supreme Court

The Supreme Court has held that if an Indian Entity’s Establishment is operating in Oman and has a ‘Permanent Establishment’ status under Double Taxation Avoidance Agreement (“DTAA”), then the dividend income received by the Indian Entity from such Establishment would ...

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