Code
87B. Applications of sections 85 and 86 to Rulers of former Indian States.—
(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceeding arising out of such suit, the provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State.
(2) In this section—
(a) “former Indian State” means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section;
(b) “commencement of the Constitution” means the 26th day of January, 1950; and
(c) “Ruler”, in relation to a former Indian State, has the same meaning as in Article 363 of the Constitution.
Explanation of Section 87B CPC
Section 87B of the Code of Civil Procedure, 1908 extends certain legal protections available to foreign rulers to the rulers of former Indian States.
Before India’s Constitution came into force on 26 January 1950, several princely or Indian States existed with their own rulers. After independence and integration into the Indian Union, these States ceased to exist as separate political entities. However, disputes relating to rights, obligations, agreements, or transactions that arose before the Constitution could still come before courts.
To address such situations, Section 87B CPC provides that specific protections under Sections 85 and 86 CPC will continue to apply to the rulers of former Indian States in certain cases.
Purpose of Section 87B CPC
The main objective of Section 87B CPC is to ensure fairness in dealing with historical legal disputes involving former Indian States.
Many claims, contracts, property disputes, and liabilities originated before the Constitution came into effect. Therefore, the law recognizes that rulers of former Indian States should receive procedural protections similar to those granted to foreign rulers when dealing with such pre-Constitution matters.
As a result, courts can handle these disputes consistently while respecting historical legal arrangements.
When Does Section 87B CPC Apply?
Section 87B CPC applies only when the following conditions are satisfied:
The Suit Involves a Former Indian State
The dispute must involve a ruler of a former Indian State specified by the Central Government through an official notification.
The Cause of Action Arose Before 26 January 1950
The legal dispute must arise wholly or partly from events, transactions, agreements, or obligations that existed before the commencement of the Constitution.
The Suit Is By or Against the Ruler
The protection applies whether the ruler files the suit or is made a defendant in the proceedings.
Therefore, not every case involving a former ruler falls under Section 87B CPC. The dispute must be connected to a pre-Constitution cause of action.
Application of Sections 85 and 86 CPC
Section 87B CPC specifically applies:
- Section 85 CPC (representation of rulers through authorized agents);
- Section 86(1) CPC (requirement of Central Government consent before suing); and
- Section 86(3) CPC (restriction on execution of decrees without Government consent).
Consequently, a ruler of a former Indian State receives procedural safeguards similar to those available to a foreign ruler when the dispute relates to pre-Constitution matters.
Meaning of “Former Indian State”
A former Indian State refers to an Indian princely State that has been specified by the Central Government through an official notification published in the Official Gazette.
Not every historical State automatically falls within the scope of Section 87B CPC. Government notification is necessary.
Meaning of “Commencement of the Constitution”
For the purpose of Section 87B CPC, the commencement of the Constitution means 26 January 1950.
This date is important because the section only applies to causes of action that arose before this date.
Importance of Section 87B CPC
Section 87B CPC serves as a bridge between historical legal relationships and modern judicial proceedings.
It protects rulers of former Indian States from being subjected to legal proceedings without procedural safeguards in disputes that originated before the Constitution came into force.
Moreover, the provision promotes legal certainty and ensures that historical rights and liabilities are addressed in an orderly manner.
Therefore, Section 87B CPC remains significant despite its limited application.
Illustration
Illustration 1
In 1948, a princely State entered into a contract concerning valuable property. A dispute regarding that contract arises decades later.
Since the cause of action originated before 26 January 1950, Section 87B CPC may apply to proceedings involving the ruler of that former Indian State.
Illustration 2
A person wishes to sue the ruler of a former Indian State regarding an obligation that arose in 1947.
Before instituting the suit, the person may need to comply with the requirements applicable under Section 86 CPC.
Illustration 3
A decree is passed against the ruler of a former Indian State in a dispute connected to a pre-Constitution transaction.
The decree may not be executed without complying with the protections provided under Section 86(3) CPC.
Common Questions and Answers
1. What is the purpose of Section 87B CPC?
Answer:
Section 87B CPC extends certain protections under Sections 85 and 86 CPC to rulers of former Indian States in disputes arising from causes of action that existed before 26 January 1950.
2. Does Section 87B CPC apply to all disputes involving former rulers?
Answer:
No. It applies only when the dispute is based wholly or partly on a cause of action that arose before the commencement of the Constitution.
3. What is meant by the commencement of the Constitution under Section 87B CPC?
Answer:
It refers to 26 January 1950, the date on which the Constitution of India came into force.
4. Which CPC provisions are applied through Section 87B CPC?
Answer:
Section 85 CPC and Sections 86(1) and 86(3) CPC apply to rulers of former Indian States in qualifying cases.
Conclusion
Section 87B CPC is a specialized provision that preserves certain procedural protections for rulers of former Indian States in disputes connected with events occurring before the Constitution came into force. By extending the safeguards available under Sections 85 and 86 CPC, the provision ensures fair treatment of historical legal claims while maintaining consistency in judicial proceedings. Although its practical application is limited today, Section 87B CPC continues to hold significance in matters involving pre-Constitution rights and obligations.
