Code
Section 133. Exemption of certain persons from personal appearance.—
(1) The following persons are entitled to exemption from personal appearance in Court:
(i) The President of India;
(ii) The Vice-President of India;
(iii) The Speaker of the House of the People (Lok Sabha);
(iv) The Ministers of the Union;
(v) The Judges of the Supreme Court;
(vi) The Governors of States and the Administrators of Union Territories;
(vii) The Speakers of the State Legislative Assemblies;
(viii) The Chairmen of the State Legislative Councils;
(ix) The Ministers of States;
(x) The Judges of the High Courts; and
(xi) The persons to whom Section 87B applies.
(3) Where any person claims the privilege of such exemption, and it becomes necessary to examine that person by commission, he shall bear the cost of the commission unless the party requiring his evidence pays those costs.
Explanation of Section 133 CPC
Section 133 of the Code of Civil Procedure, 1908 grants exemption from personal appearance in civil courts to certain high constitutional authorities and public officials. The provision recognizes the importance of their public responsibilities and ensures that they are not required to attend court personally unless the law specifically requires it.
Instead of compelling these dignitaries to appear before the court, the Code allows their evidence to be recorded through a commission whenever necessary. This approach protects the efficient functioning of constitutional offices while ensuring that the judicial process continues without unnecessary delay.
Persons Entitled to Exemption
Section 133 specifies the categories of individuals who enjoy this privilege. These include the President of India, the Vice-President, Union Ministers, Governors, Judges of the Supreme Court and High Courts, Speakers of Parliament and State Legislatures, State Ministers, and persons covered under Section 87B of the CPC.
The exemption is based on the public office held by these individuals rather than on their personal status.
Examination by Commission
If the testimony of an exempted person is required in a civil proceeding, the court may appoint a commissioner to record the evidence instead of directing the individual to appear personally in court.
This procedure enables the court to obtain the required evidence while minimizing disruption to the official duties of constitutional authorities.
Payment of Costs
Section 133 also determines who bears the expenses of recording evidence by commission.
Normally, the person claiming exemption must pay the costs of the commission. However, if the opposing party insists on examining that individual and agrees to bear the expenses, the court may direct that party to pay the costs instead.
This provision ensures fairness in allocating the financial burden associated with the commission.
Purpose of Section 133 CPC
The primary objective of Section 133 CPC is to balance the administration of justice with the uninterrupted functioning of important constitutional and public offices.
The law recognizes that requiring senior constitutional authorities to attend court personally may interfere with their official responsibilities. Therefore, it provides an alternative procedure that serves both judicial efficiency and public administration.
Importance of Section 133 CPC
Section 133 plays a significant role in protecting the dignity of constitutional offices while preserving the authority of the courts.
The provision ensures that civil proceedings continue effectively without unnecessarily disturbing public administration. At the same time, it guarantees that exempted persons remain accountable to the judicial process through alternative methods of giving evidence.
As a result, the section promotes both administrative efficiency and procedural fairness.
Illustration
A civil court requires the testimony of a sitting High Court Judge regarding a matter connected with a civil dispute. Instead of directing the Judge to appear personally in court, the court appoints a commissioner to record the evidence at a suitable place and time.
In another case, a Union Minister claims exemption from personal appearance. Since the Minister requests that the evidence be recorded by commission, the Minister bears the cost of the commission unless the opposite party chooses to pay those expenses.
Common Questions and Answers
1. What is the purpose of Section 133 CPC?
Answer:
Section 133 grants exemption from personal appearance in civil courts to certain constitutional authorities and senior public officials while allowing their evidence to be recorded through a commission.
2. Who is entitled to exemption under Section 133 CPC?
Answer:
The section applies to the President of India, Vice-President, Union Ministers, Governors, Judges of the Supreme Court and High Courts, Speakers of Parliament and State Legislatures, State Ministers, and persons covered under Section 87B of the CPC.
3. How is the evidence of an exempted person recorded?
Answer:
The court may appoint a commissioner to record the person’s evidence instead of requiring personal attendance before the court.
4. Who pays the cost of the commission?
Answer:
Generally, the person claiming the exemption pays the cost. However, if the party seeking the evidence agrees to bear the expense, that party may pay the costs instead.
Conclusion
Section 133 CPC protects the functioning of important constitutional offices by exempting specified dignitaries from personal appearance in civil courts. Rather than excusing them from the judicial process, the provision allows their evidence to be recorded through a commission. By balancing judicial requirements with public responsibilities, Section 133 ensures efficient court proceedings while respecting the duties and dignity of high constitutional authorities.
