Supreme Court Reaffirms Mandatory Nature of Article 299 for Government Contracts
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The Supreme Court has ruled that government contracts must strictly comply with Article 299 of the Constitution to be legally enforceable. This judgment emphasizes that oral agreements or contracts not executed in the name of the President or Governor are void, safeguarding the public exchequer from unauthorized liabilities.
The Supreme Court of India recently clarified the legal standing of government contracts, emphasizing that strict adherence to Article 299 of the Constitution is a mandatory prerequisite for any agreement to be binding on the Union or State governments. The Court held that contracts failing to meet these constitutional formalities are void and unenforceable.
Article 299 stipulates three essential conditions for a contract to be valid against the government: first, it must be expressed to be made by the President or the Governor; second, it must be executed on behalf of the President or the Governor; and third, the execution must be performed by persons authorized by them. The Supreme Court reiterated that these provisions are not merely directory but are intended to protect the public exchequer from being saddled with liabilities arising from unauthorized or informal agreements made by public servants.
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