Suits by Aliens and by or Against Foreign Rulers, Ambassadors and Envoys

The Civil Procedure Code, 1908 (CPC) is the primary legislation that outlines the procedures for civil litigation in India. Among its various provisions, certain sections deal with cases involving aliens and foreign dignitaries, including foreign rulers, ambassadors, and envoys. 

These provisions are encapsulated in Sections 83 to 87B of the CPC. The primary purpose of these provisions is to balance the sovereign immunity of foreign states with the ability of aliens and foreign representatives to access Indian courts. These sections are of crucial importance when foreign entities, such as states or their representatives, are involved in legal disputes within India.

Provisions of CPC Related to Suits by Aliens and by or Against Foreign Rulers, Ambassadors and Envoys

Suits by Aliens – Section 83

Section 83 of the CPC addresses the issue of suits by aliens. The term “alien” refers to a foreign national or a person who is not an Indian citizen. In this context, the provision specifies when and how aliens can bring suits in India.

Who Can Sue?

• Alien Enemies: An alien enemy is a person residing in India who is a national of a country at war with India. Such individuals can sue in Indian courts only with the permission of the Central Government.
• Alien Friends: An alien friend is an individual from a country that is not at war with India and has friendly diplomatic relations. Alien friends can sue in Indian courts as if they were Indian citizens.

Jurisdiction of Courts

Both alien enemies (with permission) and alien friends can file suits in any court that is competent to hear cases of similar nature. The provision ensures that such aliens have equal access to justice as long as they meet the prescribed requirements.

Who Cannot Sue?

• Alien Enemies Without Permission: An alien enemy residing in India without the permission of the Central Government is not allowed to file a suit in any Indian court.
• Aliens Residing Abroad: Aliens who reside outside India cannot sue in Indian courts under Section 83.

Suits by Foreign States – Section 84

Section 84 deals with the situation where a foreign state wishes to file a suit in India. A foreign state, according to this provision, is any state outside India that has been recognised by the Indian government.

Right to Sue

Foreign states are permitted to file suits in any competent Indian court. This reflects the general principle that sovereign states can initiate legal action in a foreign jurisdiction if necessary.

Private Rights of the Foreign State

However, there is a limitation. The suit must involve a private right. This means that the foreign state cannot bring a suit in India to enforce its sovereign or political rights. The private right could refer to rights such as contractual obligations, property ownership, or business disputes.

Judicial Interpretation of ‘Private Right’

The Supreme Court in cases like Mirza Ali Akbar Kashani v. United Arab Republic (1966) clarified that the “private right” of a foreign state refers to rights vested in the state, not political or sovereign rights. Such rights can be enforced in Indian courts if they meet the necessary criteria.

Appointment of Agents for Foreign Rulers – Section 85

Section 85 provides the mechanism through which the Central Government can appoint agents to represent foreign rulers in legal matters. The provision ensures that the interests of foreign rulers can be legally protected in Indian courts.

Who Can Be Appointed?

The Central Government can appoint individuals to prosecute or defend suits on behalf of a foreign ruler. These agents are recognised by Indian courts as official representatives of the ruler for the purpose of the suit.

Scope of Authority

The agents appointed under Section 85 can handle legal proceedings on behalf of the foreign ruler. They may make appearances in court, file applications, and carry out other necessary legal actions. Additionally, the agent can appoint sub-agents to perform these duties.

Suits Against Foreign Rulers, Ambassadors, and Envoys – Section 86

Section 86 imposes restrictions on suits involving foreign rulers, ambassadors, envoys, and certain staff members. These restrictions are aimed at respecting the diplomatic immunity enjoyed by foreign representatives.

Consent Requirement

• No foreign state, ruler, ambassador, or envoy can be sued in an Indian court without the consent of the Central Government.
• The consent is given in writing and must be certified by a Secretary to the Government of India.

Exceptions to the Rule

• A tenant of a foreign state may file a suit without such consent if the suit concerns the recovery of immovable property.
• The Central Government may grant consent for specific suits or for certain categories of cases, such as disputes involving property or trade.

Execution of Decrees

No decree can be executed against the property of a foreign state unless the Central Government grants consent for the execution.

Immunity from Arrest

Under Section 86(5), foreign rulers, ambassadors, and certain staff members cannot be arrested under the provisions of the CPC.

Judicial Precedents

The Ethiopian Airlines v. Ganesh Narain Saboo (2011) case underscored that the Central Government must consider whether a foreign state has waived its immunity or whether there are specific circumstances that warrant granting consent for a suit to proceed.

Style of Foreign Rulers as Parties to the Suit – Section 87

Section 87 specifies the style in which foreign rulers should be involved in lawsuits. A foreign ruler can sue or be sued in the name of their state.

Naming Conventions

• Suits involving foreign rulers must proceed in the name of the foreign state. This ensures that the action is seen as one taken by the state and not the individual ruler.
• The Central Government has the discretion to allow the ruler to be named differently, for example, in the name of an agent.

Definitions and Judicial Notice – Section 87A

Section 87A provides definitions for the terms foreign state and ruler. It also mandates that courts take judicial notice of these facts.

Foreign State and Ruler

• A foreign state is any state outside India that is recognised by the Indian government.
• A ruler refers to the person who is recognised as the head of that state by the Indian government.

Judicial Notice

Courts must take judicial notice of whether a state is recognised by India and whether a person is recognised as the head of that state.

Suits Against Rulers of Former Indian States – Section 87B

Section 87B deals with suits involving rulers of former Indian states, i.e., states that existed before the adoption of the Indian Constitution.

This section applies when the cause of action arose before the Constitution was adopted. It ensures that rulers of former Indian states are treated in the same manner as foreign rulers for the purposes of legal proceedings.

Key Case Laws and Judicial Interpretation

Several landmark judgements have clarified the interpretation of the provisions related to suits by aliens and foreign rulers:

• Mirza Ali Akbar Kashani v. United Arab Republic (1966): Clarified the meaning of “private rights” and distinguished them from political rights.
• Ethiopian Airlines v. Ganesh Narain Saboo (2011): Further elaborated on the conditions under which the Central Government grants consent for suits involving foreign states.

Conclusion

The provisions of Sections 83 to 87B of the Civil Procedure Code, 1908 govern the procedures for suits involving aliens and foreign dignitaries. These provisions balance the right of access to justice for foreign nationals with the principles of sovereign immunity, ensuring that India’s national interests and diplomatic relationships are respected. 

By defining the conditions under which foreign rulers and aliens can sue or be sued, these sections provide a clear framework for resolving disputes that involve foreign parties.