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
SC removes barrier, allows deaf lawyer Sarah Sunny to argue in sign language; interpreter’s speed amazes CJI, SG
The Supreme Court in India has started allowing sign language interpretation for hearing impaired lawyers, demonstrating that not everything needs to be spoken aloud in court. In a recent case, a deaf advocate was permitted to virtually argue with the ...
ED Summons: What to Do & What NOT to Do (Complete Legal Guide – 2026)
Receiving a summons from the Enforcement Directorate (ED) can be stressful and confusing for individuals, business owners, and company directors. However, understanding your legal rights and obligations can help you respond effectively and avoid serious consequences. This guide explains what ...
AI, Data Protection, and Cyber crime: Navigating Through the Nexus
It was the dawn of the Digital Revolution in the latter half of 20th century that started to reshape the world. But with the advent of AI, data protection, and cybersecurity have become paramount concerns for individuals, businesses, and governments ...
Supreme Court Notice To Airlines, Regulator Over Pee-Gate Victim’s Petition
New Delhi: The Supreme Court Monday agreed to examine the plea of a 72-year-old woman, on whom a male co-passenger allegedly urinated on board an Air India flight in November last year, seeking a direction to the Centre, aviation regulator DGCA ...
An In-Depth Look at Environmental and Sustainability Law
In today's rapidly changing world, environmental and sustainability law has become a cornerstone of global legal practices. With increasing awareness of climate change, resource depletion, and environmental degradation, these laws are essential for promoting sustainable development and protecting our planet ...
No Law Gives Right To Husband To Beat & Torture His Wife: Delhi High Court Grants Divorce To Woman On Ground Of Cruelty And Desertion
Synopsis The court was hearing an appeal by a woman challenging the decision of the trial court, whereby it has dismissed her petition seeking divorce from the man on the ground of cruelty and desertion While granting divorce to a woman ...
Speak With Our
Get a Appointment