In simple terms, pubic policy refers to the policy of the government for the good of society, It can also be said that if an agreement against a developed interest of society or morals of the time, it can be said that against public order and the agreement will be considered invalid. It was held that an agreement could not be applied if it was contrary to the public interest [ii] or contrary to general legal policy. In the case of P. Rathinam v. Union of Idnia[iv], the Supreme Court held that the concept of public order is open to change and enlargement As the monopoly is contrary to public order, an agreement to create a monopoly is null and void. In the case of Richardson v. Mellish “… He`s a very recalcitrant horse, and once you fight, you never know where it`s going to take you. Again, Lord Davy stated in the case of Janson Driefontein Consolidated Mines Ltd. …
Public policy is always an uncertain and insidious reason for making a legal decision. Lord Atkin: “Teaching should only be invoked in clear cases where the harm to the public is essentially indisputable and does not depend on the strange conclusion of certain legal minds.” [Fender v. St. John Mildmay], No agreement opposing “public policy” can be reached by either party. Public policy is the “politics of law.” Whether an agreement is contrary to public policy or not must be decided solely on the basis of general principles and not on the terms of a particular contract. Public policy is the right way to do something for like-minded people, what is their opinion on a particular law that is made by the government, because in the long run, the way forward for future generational laws should be incompatible with that particular obligation. Public policy is such an instrument that allows the citizens of today`s society to organize the world government of tomorrow in order to maximize the well-being of citizens, which is why policies that are not contrary to public order are put in place. Public order may tend to harm the state or its citizens. By extending restrictions that are not relevant to the fact, but only to moral customs, traditions, practices, they tend not to extend them to a certain limit, but, in the name of public order, they try to manipulate the government and exploit the situation for unwarranted benefits on themselves.
In the case of Veerayya v. Sobhanandri[vii], a person reached an agreement to withdraw the charge of S. 420 from the Indian Penal Code in 1860 against the accused. As the offence has been aggravated, the Tribunal`s agreement is necessary and the agreement has therefore been annulled. In the case of Ouseph Poulo/Catholic Union Bank Ltd. [viii], two parties reached an agreement to terminate the criminal proceedings under some consideration and it was determined that such transactions were contrary to public policy. An agreement to deprive the courts of their jurisdiction, which they usually have, is contrary to public policy. In England, both agreements are illegal and unenforceable. However, in India, only agreements that appear to be entered into for gambling purposes in disputes and for breaches or to repress others, by encouraging lay litigation, are not enforced, but not all support and championship agreements are enforced. The duty must be accomplished. Therefore, these agreements should also increase corruption and inefficiency of public servants.
Therefore, such agreements are unst sour. An agreement to restrict the marriage of a person other than a minor is, under Section 26, not concluded and contrary to public policy. Guardianship rights cannot be transferred or transferred in the public interest. The interests of the child or the commune should be duly protected. As a result, the law has entrusted this authority to the parents of children. Father is the legal guardian of his minor child.