Multiple Choice Questions on Consider the following statements 1 Article 299 of the Constitution deals with the manner and form o........... for UPPCS Exam Preparation

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    Consider the following statements:

    1. Article 299 of the Constitution deals with the manner and form of contracts made by or on behalf of the government of India or any state government.

    2. The Crown Proceedings Act of 1947 played a role in shaping Article 299.

    3. Mrs. Aliakutty Paul vs The State of Kerala and Ors Case (1995) is related to Article 299.

    How many of the above statements are correct?

    Only one

    Incorrect Answer

    Only two

    Incorrect Answer

    All three 

    Correct Answer

    None 

    Incorrect Answer
    Explanation:
    • Article 299 of the Constitution deals with the manner and form of contracts made by or on behalf of the government of India or any state government.
    • It outlines the manner in which contracts made in the exercise of the executive power of the Union or a State shall be expressed and executed.
    • It aims to establish a specific procedure to safeguard public funds and prevent unauthorized or illegitimate contracts.
    • 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. Hence statement 1 is correct. The government had been entering into contracts even in the pre-independence era. 
    • The Crown Proceedings Act of 1947 played a role in shaping Article 299.
    • The Crown Proceedings Act specified that the Crown could not be sued in court for a contract it entered. Hence statement 2 is correct. The judgements related to Article 299 -
    • Mrs. Aliakutty Paul vs The State of Kerala and Ors (1995):
    • o A tender of the contract for the construction of a bridge was accepted by the Executive Engineer, but he did not sign it in the name of the Governor, it cannot be said that there is a valid contract in conformity with Article 299 of the Constitution.
    • o The decision explains the rationale and scope of Article 299 of the Constitution and emphasizes that its provisions are enacted for safeguarding the government against unauthorized contracts.
    • State of Bihar v Majeed (1954): o SC ruled that a Government Contract has to comply with the provisions of Article 299 in addition to the requirements of the Indian Contract Act, such as offer, acceptance, and consideration.
    • The contractual liability of the Central or State Government is the same as that of any individual under the ordinary law of contract, subject to the formalities prescribed by Article 299. Hence statement 3 is correct.

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