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
#𝐊𝐧𝐨𝐰𝐓𝐡𝐞𝐋𝐚𝐰 | 𝐂𝐚𝐧 𝐘𝐨𝐮 𝐅𝐢𝐫𝐞 𝐚𝐧 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐖𝐢𝐭𝐡𝐨𝐮𝐭 𝐍𝐨𝐭𝐢𝐜𝐞?
YES! 🚫 𝐎𝐧𝐥𝐲 𝐢𝐧 𝐞𝐱𝐜𝐞𝐩𝐭𝐢𝐨𝐧𝐚𝐥 𝐜𝐚𝐬𝐞𝐬 — like proven misconduct, criminal activity, or if the employment contract specifically permits termination without notice. 🧾 𝐔𝐧𝐝𝐞𝐫 𝐭𝐡𝐞 𝐈𝐧𝐝𝐮𝐬𝐭𝐫𝐢𝐚𝐥 𝐃𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐀𝐜𝐭, 1947, and state-specific Shops & Establishment Acts, arbitrary dismissal can invite legal ...
Cross-Border Succession Planning: What Global Indian Families Must Fix in 2026
Protecting Wealth Across Borders Requires More Than Just a Will. Global Indian families are increasingly building wealth beyond geographical boundaries. A business in India, investment portfolios in the UAE, real estate in the UK, children settled in the United States, ...
Adolescent Privacy Rights: A Critical Issue in India’s Evolving Digital Landscape
The rapid advancement of technology has transformed the lives of adolescents in India, providing unprecedented access to information, social connectivity, and learning tools. However, this digital revolution has also created a complex challenge—safeguarding the privacy of adolescents who are increasingly ...
Members Of Railway Protection Force Can Seek Benefit Under Employees Compensation Act Though RPF Declared As An Armed Force: Supreme Court
The Supreme Court on Monday (26.09.2023), held that an officer of the Railway Protection Force (RPF) can seek compensation under Employees Compensation Act, 1923 even though the RPF has been declared to be an armed force of the Union. “..in ...
SC On Aadhaar: Important Takeaways From The Recent Verdict
The Supreme Court ruled that Aadhaar, the ambitious public scheme that uses biometric data to generate unique identification numbers for citizens, is constitutionally valid, but with conditions. Here are the key takeaways from today’s verdict. Read More >
Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court
The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the ...
Speak With Our
Get a Appointment