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
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...
Why Are You Being So Patriarchal Supreme Court Asks Centre Over Denial Of Permanent...
The Supreme Court on Monday February pulled up the Central Government over the denial of Permanent Commission for women officers in the Indian Coast Guard ICG nbsp The bench led by nbsp Chief Justice of India DY Chandrachud nbsp hearing...
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...
NRIs and Taxation in India Legal Tips for Compliance and Avoiding Disputes...
Navigating the tax landscape in India can be challenging for Non-Resident Indians NRIs Understanding your tax obligations is crucial to avoid disputes and penalties Here are some essential legal tips to help NRIs ensure compliance and protect their financial interests...
Supreme Court Says MP MLA Can t Claim Immunity From Prosecution On Charges Of...
The seven-judge Constitution bench of the Supreme Court said it disagreed with the judgment in PV Narasimha and the judgment in PV Narasimha which grants immunity to legislators for allegedly bribery for casting a vote or speech has ldquo wide...
ADR in Workplace Conflicts A Guide for Employers and Employees...
Workplace conflicts are inevitable Whether stemming from miscommunication differences in expectations or interpersonal issues they can disrupt the professional environment and affect productivity For both employers and employees finding a way to resolve these conflicts quickly fairly and cost-effectively is...
Speak With Our
Get a Appointment