Can’t Seek Immunity From Legal Provisions Because Contract

Card image

Can’t Seek Immunity From Legal Provisions Because Contract In President’s Name: SC

By Team EOS |

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

Latest Posts

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 ...

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

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 >

Card image

'No right for queer couples to jointly adopt’: SC in same-sex marriage verdict

The CJI said the law didn't preclude unmarried couples from adopting.Chief Justice of India DY Chandrachud, while announcing his verdict on a clutch of petitions demanding legal status to same-sex marriages, today struck down the Central Adoption Resource Authority's (CARA) ...

Card image

Protecting Your Rights in Family Law Matters: Legal Solutions for NRIs ⚖️

Navigating family law matters can be especially challenging for Non-Resident Indians (NRIs) who may face unique legal complexities. Whether dealing with divorce, child custody, or property disputes, understanding your rights and available legal solutions is crucial. Here are some key ...

Card image

SC refuses to entertain plea for survey of Krishna Janmabhoomi-Shahi Idgah premises

The Supreme Court Friday refused to entertain a plea by 'Shri Krishna Janambhoomi Mukti Nirman Trust' seeking a survey of the Janmabhoomi-Shahi Idgah mosque premises in Mathura to determine whether it was built on a pre-existing Hindu temple. The apex ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law