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Shirshak Ghimire (Advocate)     11 February 2011

Government contracts and Public Interest

It is known that the government has power to enter into contracts via Articles 298, 299 of the Contitution

My question is once the gov't enters into a contract, can it repudiate/cancel/rescind the contract on the ground og Public Interest  ? 

I  want to know if there is a Constitutional basis for such an act ..

what i already know is that the doctrine of executive necessity is not applicable in India  and it seems no provision in the Constitution or the Indian Contract Act givs the government power to cancel a contract based on public interest - and I am not referring to statutory power but purely executive power .
 



Learning

 5 Replies

Arup (UNEMPLOYED)     11 February 2011

perliament enjoys the sovereign power, therefore nothing impossible.

goi doing drama, to save some high profile person.

Shirshak Ghimire (Advocate)     12 February 2011

pls DO NOT POST IF YOU DONT HAVE THE ANSWER !!!!!!!!!!!

Arup (UNEMPLOYED)     12 February 2011

WHAT IS YOUR EXACT QUESTION? IN WHAT CONTEXT YOUR QUESTION IS?

Shirshak Ghimire (Advocate)     12 February 2011

i think i was a clear cut question -

  Once the gov't enters into a contract, can it repudiate/cancel/rescind the contract on the ground of Public Interest  ? 

I  want to know if there is a Constitutional basis for such an act ..

Arup (UNEMPLOYED)     12 February 2011

contracts with whom?

public of its own country or other countries.


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