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

Permanent Establishment (PE) Risk for Foreign Companies in India – 2026 Compliance Alert

Introduction: Why PE Risk Is a Serious Compliance Issue in 2026 India continues to witness heightened scrutiny of foreign companies operating through subsidiaries, employees, consultants, and digital presence. With increased data sharing, GST intelligence, and income-tax investigations, Permanent Establishment (PE) ...

Card image

India's Tougher Anti-Paper Leak Law-A Step Towards Protecting Merit and Restoring Public Trust

A Legal Perspective on the Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 For millions of students across India, a public examination is far more than a test—it represents years of dedication, family sacrifices, and aspirations for a better ...

Card image

"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples

The Supreme Court on Friday (13.10.2023), raised serious concerns over the delays in the adoption process and the potential impact on both aspiring parents and children in need of loving homes. The remarks came from a bench comprising CJI DY ...

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

BREAKING | Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision

A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence. ...

Card image

Judicial Decorum vs. Legal Expression: Balancing Dissent with Discipline in India’s Courtrooms

🏛️ The Incident That Sparked a National Conversation The recent events in the Supreme Court of India have reignited a fundamental debate — where does a lawyer’s right to expression end and duty to maintain decorum begin? A courtroom is ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law