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
Builder–Buyer Disputes in India: Legal Remedies Beyond Court Litigation
Builder–buyer disputes have become one of the most common legal issues in India’s real estate sector. Delays in possession, unilateral changes in project plans, poor construction quality, refund refusals, and misleading commitments have affected thousands of home buyers across the ...
Corporate Social Responsibility and Legal Obligations - Navigating the Legal Aspects of CSR Initiatives
Corporate Social Responsibility (CSR) has evolved from a voluntary initiative to a crucial component of modern business strategy. In today's globalized economy, companies are expected to contribute positively to society while maintaining profitability. However, CSR is not just about corporate ...
Empowering NRIs: Facilitating Political Participation Through Voting Rights!
Introduction: In the digital age of globalization, the world is more interconnected than ever before. Non-Resident Indians (NRIs) are an integral part of this global community, contributing to economies, cultures, and societies around the world. However, despite their significant impact, ...
Supreme Court Seeks Union's Stand Regarding Cryptocurrency
The Centre has told the Supreme Court it is yet to take a decision on a mechanism to regulate cryptocurrencies and effectively investigate related offences. A bench of justices Surya Kant and KV Viswanathan was told by Additional Solicitor General ...
Supreme Court Stays High Court Order On Old Pension Scheme For Paramilitary Forces
The Supreme Court on Friday stayed the Delhi High Court judgment which held that the old pension scheme (OPS) will be implemented in the Central Paramilitary Forces (CAPF). During a brief hearing, a bench of Justices Sanjeev Khanna and Bela ...
Supreme Court Questions Effectiveness Of Delhi's 'Odd-Even' Scheme In Controlling Pollution
The Supreme Court on Tuesday (November 7) questioned the effectiveness of the Delhi Government's "odd-even" scheme in controlling air pollution, while terming it as “optics”. Under this scheme, vehicles with license plate numbers ending in an even digit are allowed ...
Speak With Our
Get a Appointment