Which of the following is true in respect of a Government contract which does not confirm to provisions of Article 299 of the Constitution
A. They are not enforceable in court against the parties
B. They can be rectified by the Government
C. Both A and B
D. Neither A nor B
Answer: Option A
This Question Belongs to Law >> Constitution Of India
Correct ans will be - (d) neither a or b
Understanding Article 299 of the Constitution Article 299 of the Constitution of India outlines the requirements for contracts made by the Government. It mandates that all contracts must be executed in the name of the President or the Governor and must be signed by an authorized officer.
This provision ensures that government contracts are formally binding and enforceable.
Expression and Execution:
According to Article 299(1), contracts must be expressed in writing and executed by a person duly authorized by the President or the Governor on their behalf.
Immunity of the President/Governor:
While Article 299(2) states that the President or the Governor cannot be personally held liable for contracts, it does not grant immunity to the government from the legal provisions of the contract.
The government (Union or states) in India can be sued for torts (civil wrongs) committed by its officials.
Implications of Non-Compliance
When a government contract does not conform to Article 299:
1)Not Enforceable in Court- Such contracts are generally not enforceable in a court of law. This is because the lack of adherence to the constitutional provisions raises questions about the validity and legality of the contract.
2)Rectification Limitations: The government cannot rectify these contracts post-facto. The requirement of compliance with Article 299 is fundamental, and any contract that bypasses these provisions remains unenforceable. Thus, the government cannot alter the terms to make it valid after the fact.
Conclusion Given these points, the correct answer to the question is option 'D': They are not enforceable in court against the parties, nor can they be rectified by the Government. This highlights the strict adherence required to constitutional provisions for government contracts, ensuring accountability and legal integrity in governmental dealings.
(BIT CONFUSING QUESTION AND ITS ANSWER)
But take it "neither a or b" as "neither it can be enforceable in the court nor it can be rectified by the Government".