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
Navigating Cyber Crime Laws in India: A Legal Perspective
The rapid proliferation of digital technologies has transformed India’s social, economic, and professional landscape. While digitalization brings efficiency and innovation, it also exposes individuals and businesses to cybercrime risks. As a lawyer in India, it is crucial to understand the ...
𝐔𝐩𝐡𝐨𝐥𝐝𝐢𝐧𝐠 𝐄𝐭𝐡𝐢𝐜𝐬 𝐚𝐧𝐝 𝐏𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐑𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲 𝐢𝐧 𝐓𝐨𝐝𝐚𝐲’𝐬 𝐋𝐞𝐠𝐚𝐥 𝐋𝐚𝐧𝐝𝐬𝐜𝐚𝐩𝐞!
In the realm of law, ethics and professional responsibility form the bedrock upon which trust, integrity, and justice stand. As guardians of the legal system, it is incumbent upon legal professionals to adhere to the highest ethical standards, ensuring fairness, ...
Empowering Dispute Resolution: How Technology is Shaping the Future of ADR
🎯 The Role of Technology in Enhancing ADR Processes The advent of technology has transformed virtually every industry, and the field of Alternative Dispute Resolution (ADR) is no exception. ADR processes, including mediation, arbitration, and negotiation, have traditionally relied on ...
Get Online Pass To Enter Supreme Court Premises
The Supreme Court on Thursday launched ‘SuSwagatam’, a new initiative to generate entry passes online to help those who need to visit the court premises for various purposes. Chief Justice of India (CJI) D Y Chandrachud on Thursday announced the ...
"Why Are You Being So Patriarchal?" : Supreme Court Asks Centre Over Denial Of Permanent Commission To Woman Coast Guard Officer
The Supreme Court on Monday (February 19) pulled up the Central Government over the denial of Permanent Commission for women officers in the Indian Coast Guard (ICG). The bench led by Chief Justice of India DY Chandrachud, hearing a plea of ...
Legal Challenges in Cryptocurrency and Blockchain: Exploring the Evolving Legal Landscape
The rise of cryptocurrencies and blockchain technology has revolutionized the financial world, but it has also brought about a series of complex legal challenges. As more businesses and individuals adopt digital currencies and decentralized systems, governments and regulatory bodies are ...
Speak With Our
Get a Appointment