AI Overview...
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Article 298 - Power of the Government
Grants the Union and State Governments the authority to manage, dispose of, and deal with property, including land and resources, and to carry on any trade or business, as well as to enter into contracts for various purposes. This power is fundamental in enabling the government to execute its functions, including commercial activities and land management. The article was amended by the 7th Amendment in 1956 to clarify these powers, especially regarding trade and business rights. PRAMILA NESARGI VS UNION OF INDIA (UOI) - Karnataka, H. R. Krishnamurthy s/o Ramulu VS State of Karnataka Represented by its secretary, Department of Finance (excise) Bengaluru - Karnataka, INDIAN VEGETARIAN CONGRESS VS STATE OF WEST BENGAL - Calcutta -
Use of Executive Power in Contracts and Land Management
The Government's authority under Article 298 extends to entering into contracts, disposing of land, and engaging in trade, provided such actions are within the scope of executive power. Courts have emphasized that contracts not entered into under this specific power may be invalid or unenforceable. The power also includes the authority to transfer or dispose of land, including surplus or vested land, and to set up enterprises or facilities, such as abattoirs, on government land. INDIAN VEGETARIAN CONGRESS VS STATE OF WEST BENGAL - Calcutta, Celex Technologies Pvt. Ltd VS State of Odisha - Orissa, S. S. Naidu VS State Of A. P. - Andhra Pradesh -
Legal Validity and Restrictions
While Article 298 empowers the government, certain actions, such as establishing private enterprises or transferring land, must adhere to constitutional provisions and statutory laws. For instance, agreements or transactions that contravene constitutional rights (e.g., Articles 14 and 19) or statutory regulations may be deemed void. The courts have upheld the validity of bye-laws and government actions when they do not infringe fundamental rights or statutory provisions. RAJNI KANT VERMA VS STATE - Allahabad, Celex Technologies Pvt. Ltd VS State of Odisha - Orissa -
Relation to Fundamental Rights and Other Articles
The exercise of powers under Article 298 must align with fundamental rights such as the right to freedom of speech (Article 19(1)(a)) and equality (Article 14). Cases have examined whether government actions under this article violate these rights, with courts generally holding that legitimate exercise of executive power is permissible. RAJNI KANT VERMA VS STATE - Allahabad, Celex Technologies Pvt. Ltd VS State of Odisha - Orissa -
Implications for Commercial Use and Land Transfers
The article provides a legal basis for the government to manage land for commercial purposes, including leasing, sale, or transfer, but such actions are subject to constitutional safeguards. For example, leasing land to private entities must not violate constitutional rights or statutory restrictions. PRAMILA NESARGI VS UNION OF INDIA (UOI) - Karnataka, INDIAN VEGETARIAN CONGRESS VS STATE OF WEST BENGAL - Calcutta
Analysis and Conclusion
Article 298 of the Indian Constitution empowers the Government to manage property, enter into contracts, and conduct trade or business activities as part of its executive powers. Its scope includes land disposal, establishing enterprises, and engaging in commercial transactions, subject to constitutional and statutory limitations. Courts have upheld these powers when exercised within legal boundaries, emphasizing that such actions should not infringe fundamental rights or contravene laws. Overall, Article 298 is a vital constitutional provision enabling the government to perform its economic and administrative functions effectively.
Search Results for "Article 298 of the Constitution of India"
1996 0 Supreme(Kar) 649 • India - Karnataka
G.C.BHARUKA
Indian Air Force - Commercial Use of Defence Lands - Article 298, Article 299 of the Constitution of India, Cantonment Act, 1924 ... 298, Article 299 of the Constitution of India, and the provisions of the Cantonment Act, 1924. ... that the agreement between the Air Force Authorities and the commercial establishment was void and unenforceable as it contravened Article ... The provisions are embodied in section 175 of the Government of India Act and Article#H....
1987 0 Supreme(Pat) 338 • India - Patna
M.P.VARMA, S.H.S.ABIDI
OF INDIA - ARTICLE 14 OF THE CONSTITUTION OF INDIA - ARTICLE 298 OF THE CONSTITUTION OF INDIA - INTEREST ON DELAYED PAYMENT - SUMMARY ... A petitioner who is guilty of laches is not entitled to relief under Article 226 of the Constitution of India. ... WRIT - MANDAMUS - PUBLIC WORKS DEPARTMENT - PAYMENT OF LEGAL DUES - DELAY - CONTRACTUAL OBLIGATION - ARTICLE 226 OF THE CONSTITUTION ... imposes an obligation upon State's executive powers to be exercised under Article 298#HL_E....
2017 0 Supreme(Ori) 868 • India - Orissa
VINEET SARAN, B.R.SARANGI
14 OF THE CONSTITUTION OF INDIA - ARTICLE 226 OF THE CONSTITUTION OF INDIA - ARTICLE 298 OF THE CONSTITUTION OF INDIA - ORDER 1 ... Whether the Government's action was in violation of Article 14 of the Constitution of India? Ratio Decidendi: 1. ... 1989 - ORDER 4(II) OF THE MOTOR VEHICLES (NEW HIGH SECURITY REGISTRATION PLATES) ORDER, 2001 - CLAUSE 4.9.1 OF THE BID DOCUMENTS - ARTICLE ... The State acts in its executive power under Article 298 of the Constit....
2006 0 Supreme(Cal) 768 • India - Calcutta
BHASKAR BHATTACHARYA, PRABUDDHA SANKAR BANERJEE
In the matter of entering into a contract in exercise of executive power under Article 298 of the Constitution, the State must act ... 226 OF THE CONSTITUTION OF INDIA - ARTICLE 14 OF THE CONSTITUTION OF INDIA - ARTICLE 298 OF THE CONSTITUTION OF INDIA. ... But in the case of contracts which have not been entered into in exercise of the executing power under Article 298 of the Constitution ... In such agreement for supply of goods, there is neither a....
1957 0 Supreme(All) 283 • India - Allahabad
V.G.OAK
Finding of the Court: The court held that the bye-laws were valid and did not infringe Article 19(1)(a) of the Constitution ... Whether the bye-laws infringed the fundamental right of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution ... MUNICIPALITIES ACT, 1916, SECTIONS 268, 294, 298 - CONSTITUTION OF INDIA, ARTICLE 19(1)(A). ... His main contention was that the bye-laws infringe the fundamental right guaranteed by Article 19 (1) ....
2017 0 Supreme(HP) 716 • India - Himachal Pradesh
SANJAY KAROL, SANDEEP SHARMA
- [Notice Inviting Tender dated 8.3.2017 (Annexure P-3), Section 13 of the terms and conditions of the Notice Inviting Tender, Article ... 298 of the Constitution of India, Tata Cellular versus Union of India (1994) 6 SCC 651, Air India Ltd. versus Cochin International ... SLLSML (Joint Venture Consortium) AIR 2016 SCW 3814, Union of India v. ... Article 14 of the Constitution of India. ... The State derives its power to enter into a contract under Article 2....
2018 0 Supreme(Kar) 256 • India - Karnataka
KRISHNA S.DIXIT
Article 298 has been amended vide Constitution (7th Amendment) Act, 1956 to make it clear that the right to carry on a Trade or Business ... ... CONSTITUTION OF INDIA - Article 298 - Executive power of the Union ... CONSTITUTION OF INDIA - Article 19(1)(g) - Establishment of liquor outlets by the State through MSIL in various places in the State ... Art. 298 has been amended vide Constitution (7th Amendment) Act, 1956 to make it clear that the right....
2017 0 Supreme(Del) 741 • India - Delhi
BADAR DURREZ AHMED, ASHUTOSH KUMAR
TENDER - Construction Company - Article 298 of the Constitution of India - Maa Bindra Express Carrier and Anr v. ... State of Orissa: (2007) 14 SCC 517; Michigan Rubber (India) Ltd v. ... Association of Management Studies: (2009) 6 SCC 171; Air India Ltd v. ... The State derives its power to enter into a contract under Article 298 of the Constitution of India and has the right to decide whether to enter into a contract with a particular person or not and whether to carry on with the te....
2002 0 Supreme(AP) 313 • India - Andhra Pradesh
S.R.NAYAK, S.R.K.PRASAD
Constitution of India - Article 298 - Article 226 - Rule 5 – Appeal – Return of Land - To issue a writ, ... High Court be pleased to declare that would operate as transfer by State of its property in exercise of its executive power of Constitution ... A. dated 27. 2. 1990 would operate as transfer by the State of its property in exercise of its executive power under Article 298 of the Constitution and issue a writ, order or direction directing the respondents to retur....
1999 0 Supreme(Cal) 264 • India - Calcutta
S.B.SINHA, S.N.BHATTACHARJEE
Article 298 of the Constitution of India empowers the Government to dispose of and deal with the vested land. 3. ... Whether the setting up of an abattoir on the surplus land is in violation of Articles 48, 48a, and 51a(i) of the Constitution of ... the State has no authority to transfer the land to a private concern, and (c) the setting up of the abattoir is in violation of Articles ... Article 298 empowers the State to carry on any trade or business and make contracts for any purpose....
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