Code
87A. Definitions of “Foreign State” and “Rulers”.—
(1) In this Part,—
(a) “foreign State” means any State outside India which has been recognised by the Central Government; and
(b) “Ruler”, in relation to a foreign State, means the person who is for the time being recognized by the Central Government to be the head of that State.
(2) Every Court shall take judicial notice of the fact—
(a) that a State has or has not been recognized by the Central Government;
(b) that a person has or has not been recognized by the Central Government to be the head of a State.
Explanation of Section 87A CPC
Section 87A of the Code of Civil Procedure, 1908 lays down the meanings of the terms “Foreign State” and “Ruler” for the purpose of legal proceedings involving foreign governments.
Although the provision appears short, it plays a crucial role in cases involving foreign States, rulers, ambassadors, and diplomatic representatives. Sections 84 to 87 CPC provide certain rights, privileges, and protections to foreign States and their rulers. Section 87A helps courts determine who can claim those protections.
Meaning of Foreign State
A Foreign State is any country outside India that has been officially recognized by the Central Government.
Recognition by the Central Government is the deciding factor. Therefore, a country does not automatically become a foreign State under the CPC merely because it exists as an independent nation. The Government of India must formally recognize it.
This approach ensures consistency in legal proceedings and prevents courts from making independent decisions on diplomatic matters.
Meaning of Ruler
A Ruler refers to the person recognized by the Central Government as the head of a foreign State.
In modern times, this may include a President, Monarch, King, Queen, Emir, or any other person officially recognized as the head of that State.
The court does not investigate whether a person is actually the lawful head of a foreign country. Instead, it follows the recognition granted by the Central Government.
Judicial Notice Under Section 87A CPC
Sub-section (2) introduces the concept of judicial notice.
Judicial notice means that a court accepts certain facts as true without requiring formal proof.
Under Section 87A CPC, courts must automatically recognize:
- Whether a State has been recognized by the Central Government.
- Whether a person has been recognized as the head of that State.
As a result, parties do not need to produce separate evidence regarding these facts during litigation.
Why Is Section 87A CPC Important?
Section 87A CPC ensures uniformity in legal proceedings involving foreign governments.
Questions relating to the recognition of foreign States and rulers are matters of international diplomacy. Such matters fall within the authority of the Central Government rather than the judiciary.
Therefore, the section prevents conflicting decisions by different courts and promotes certainty in the administration of justice.
It also supports India’s diplomatic policies by ensuring that courts follow the Government’s official position regarding foreign nations and their leaders.
Illustration
Illustration 1: Recognition of a Foreign Country
Country A seeks to enforce contractual rights before an Indian court. Before granting any privileges available to foreign States, the court examines whether the Central Government has recognized Country A. If recognition exists, Country A will be treated as a foreign State under Section 87A CPC.
Illustration 2: Dispute Regarding Head of State
Two individuals claim to be the lawful President of a foreign country. An issue arises regarding who can represent the country in an Indian court.
The court will not conduct an independent inquiry. Instead, it will follow the recognition granted by the Central Government.
Illustration 3: Claim of Diplomatic Privilege
A foreign ruler seeks protection available under the CPC. The court will rely on the Central Government’s recognition to determine whether the person qualifies as a ruler under Section 87A CPC.
Common Questions and Answers
1. What is a Foreign State under Section 87A CPC?
Answer:
A Foreign State is any country outside India that has been officially recognized by the Central Government.
2. Who is considered a Ruler under Section 87A CPC?
Answer:
A Ruler is the person recognized by the Central Government as the head of a foreign State.
3. What does judicial notice mean in Section 87A CPC?
Answer:
Judicial notice means that courts must accept certain facts without requiring proof. Under this section, courts must accept the Central Government’s recognition of foreign States and rulers.
4. Why is Central Government recognition important?
Answer:
Recognition determines whether a State or its head can enjoy the rights, privileges, and protections provided under the CPC.
Conclusion
Section 87A CPC provides the legal foundation for identifying foreign States and their rulers in civil proceedings. By making Central Government recognition the determining factor, the provision ensures consistency, legal certainty, and respect for India’s diplomatic policies. It also simplifies court proceedings by requiring judicial notice of recognized States and rulers. Consequently, Section 87A CPC serves as an essential provision for the effective application of laws relating to foreign governments and international legal relations.
