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

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

Understanding Overseas Patients' Rights in India: A Guide for International Visitors

Introduction:India has emerged as a popular destination for medical tourism, attracting patients from across the globe seeking high-quality healthcare services at affordable costs. While the country offers world-class medical facilities and skilled healthcare professionals, it's essential for overseas patients to ...

Card image

𝐄𝐦𝐛𝐫𝐚𝐜𝐢𝐧𝐠 𝐋𝐞𝐠𝐚𝐥 𝐓𝐞𝐜𝐡𝐧𝐨𝐥𝐨𝐠𝐲: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐒𝐡𝐚𝐩𝐢𝐧𝐠 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐚𝐰

In today's rapidly evolving digital landscape, the legal industry stands at the precipice of transformation. As advancements in technology redefine the way we work, communicate, and interact, the realm of law is not immune to these revolutionary changes. At Eos ...

Card image

CJI Chandrachud Bats For Mediation As Dispute Resolution Mechanism For Individuals, Govt

NEW DELHI: Chief Justice of India DY Chandrachud batted on Friday for adopting and encouraging mediation, including online mediation, as a mode of dispute resolution other than litigation, saying it would reduce the courts’ caseload and has the potential to ...

Card image

Inheritance and Succession Laws: What Every NRI Should Know

For Non-Resident Indians (NRIs), navigating inheritance and succession laws in India can be complex. Whether dealing with ancestral property, inheriting assets, or managing family estates, NRIs must understand the legal framework to safeguard their rights and avoid disputes. Here are ...

Card image

New Training Programme For New Lawyers. By Chief Justice Of India DY CHANDRACHUD 🇮🇳

‘Judges can’t burden lawyers due to uneasiness with technology’: CJI Chandrachud- CJI Chandrachud appealed to judges to continue hybrid hearings, saying that this was not just meant for the Covid-19 pandemic period. Chief Justice of India (CJI) DY Chandrachud on ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law