Introduction
Section 87A of the Code of Civil Procedure, 1908 provides important definitions for the provisions dealing with foreign States and foreign rulers.
- Introduction
- Section at a Glance
- Meaning of Section 87A CPC
- Definition of “Foreign State”
- Definition of “Ruler”
- Importance of Central Government Recognition
- Purpose and Object of Section 87A
- Section 87A and Section 84 CPC
- Section 87A and Section 86 CPC
- Section 87A and Section 87 CPC
- Foreign State vs Ruler
- Practical Example
- Section 87A Is a Definition Provision
- Common Confusions About Section 87A CPC
- Importance for Law Students and Judiciary Exams
- Important Questions to Prepare
- Key Legal Principles
- Key Takeaways
- Conclusion
The Section defines the expressions “foreign State” and “ruler” for the purposes of the relevant provisions of the CPC.
Section 87A is important because Sections 84 to 87 deal with litigation involving foreign States, foreign rulers, ambassadors and envoys. Understanding the definitions under Section 87A helps determine who falls within the scope of these provisions.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 87A CPC |
| Subject | Definitions of Foreign State and Ruler |
| Nature | Definition clause |
| Main terms | Foreign State and Ruler |
| Related provisions | Sections 84, 85, 86 and 87 CPC |
| Main purpose | To clarify the meaning of foreign State and ruler |
Meaning of Section 87A CPC
Section 87A defines two important expressions:
- Foreign State
- Ruler
These definitions are used for interpreting and applying the provisions of the CPC relating to foreign States and rulers.
The provision therefore acts as a definitional foundation for the preceding sections dealing with foreign-State litigation.
Definition of “Foreign State”
Under Section 87A, the expression “foreign State” means a State which has been recognised by the Central Government.
The emphasis is therefore on recognition by the Central Government.
A State is treated as a foreign State for the purposes of the relevant CPC provisions when it satisfies the statutory requirement of recognition.
Key Point
Foreign State = State recognised by the Central Government.
This definition is particularly relevant to Section 84, which deals with when foreign States may sue, and Section 86, which concerns suits against foreign States.
Definition of “Ruler”
Section 87A also defines the expression “ruler”.
The term refers to the person who, at the relevant time, is recognised by the Central Government as the head of a foreign State.
Thus, recognition by the Central Government is also significant in determining who is treated as a ruler for the purposes of these provisions.
Key Point
Ruler = Person recognised by the Central Government as the head of a foreign State.
Importance of Central Government Recognition
Central Government recognition is an important feature of Section 87A.
The recognition requirement helps determine:
- whether a State falls within the definition of a foreign State; and
- whether a person qualifies as a ruler for the relevant provisions.
This provides certainty in civil proceedings involving foreign States and rulers.
Purpose and Object of Section 87A
1. To Provide Clear Definitions
The Section clarifies the meaning of important terms used in the provisions relating to foreign States and rulers.
2. To Determine Applicability
The definitions help determine whether Sections 84–87 apply to a particular State or person.
3. To Avoid Uncertainty
Recognition by the Central Government provides a clear basis for determining the status of a foreign State and its ruler.
4. To Support Foreign-State Litigation Rules
The definitions form the basis for understanding the procedural rules concerning foreign States and rulers.
Section 87A and Section 84 CPC
Section 84 deals with when foreign States may sue.
Section 87A helps determine what constitutes a foreign State for the purposes of the relevant provisions.
Therefore:
Section 84 → Right of foreign State to sue
Section 87A → Definition of foreign State
Section 87A and Section 86 CPC
Section 86 deals with suits against foreign States and specified foreign representatives.
The definition under Section 87A is relevant when determining whether a particular entity qualifies as a foreign State for the purposes of Section 86.
Thus:
Section 87A → Who is a foreign State
Section 86 → Protection in suits against foreign State
Section 87A and Section 87 CPC
Section 87 deals with the style of rulers as parties.
Section 87A defines the expression “ruler” used in these provisions.
Therefore:
Section 87 → Style of ruler as party
Section 87A → Meaning of ruler
Foreign State vs Ruler
| Basis | Foreign State | Ruler |
|---|---|---|
| Meaning | State recognised by Central Government | Person recognised as head of a foreign State |
| Nature | Sovereign State | Individual representing/head of State |
| Recognition | Central Government | Central Government |
| Relevant provisions | Sections 84 and 86 | Sections 85, 86 and 87 |
| Main significance | Determines foreign-State status | Determines status of foreign ruler |
Practical Example
Suppose a sovereign State outside India is recognised by the Central Government.
For the purposes of the relevant CPC provisions, it may fall within the definition of a foreign State under Section 87A.
Similarly, the person recognised by the Central Government as the head of that foreign State may fall within the definition of ruler.
These definitions then become relevant when applying Sections 84–87.
Section 87A Is a Definition Provision
Section 87A does not itself:
- create a right to sue;
- create immunity from suit;
- prescribe a procedure for execution; or
- determine the merits of a dispute.
Instead, it defines the terms that are used in the surrounding provisions.
Therefore, its primary function is interpretative and definitional.
Common Confusions About Section 87A CPC
1. Section 87A Is Not Section 84
Section 84 → When foreign States may sue
Section 87A → Definition of foreign State and ruler
2. Section 87A Is Not Section 86
Section 86 → Suits against foreign States and protected foreign representatives
Section 87A → Definitions relevant to those provisions
3. Foreign State and Ruler Are Not the Same
A foreign State is the sovereign State itself.
A ruler is the person recognised as the head of that foreign State.
4. Recognition Is Important
The Central Government’s recognition is central to the statutory definitions under Section 87A.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 87A → Definitions of Foreign State and Ruler.
- A foreign State is a State recognised by the Central Government.
- A ruler is a person recognised by the Central Government as the head of a foreign State.
- Section 87A helps determine the applicability of Sections 84–87.
- Section 84 deals with foreign States suing.
- Section 86 deals with suits against foreign States.
- Section 87 deals with the style of rulers as parties.
Important Questions to Prepare
- What is the object of Section 87A CPC?
- Define “foreign State” under Section 87A.
- Define “ruler” under Section 87A.
- What is the significance of recognition by the Central Government?
- Distinguish a foreign State from a ruler.
- What is the relationship between Sections 84 and 87A?
- What is the relationship between Sections 86 and 87A?
- How does Section 87A assist in interpreting Sections 84–87?
Key Legal Principles
1. Section 87A is a definition clause
Its primary function is to define important expressions used in the provisions concerning foreign States and rulers.
2. Recognition is central
Recognition by the Central Government determines the relevant status under the statutory definitions.
3. Foreign State and ruler are distinct
A foreign State is the State itself, while a ruler is the recognised head of that foreign State.
4. Definitions support other provisions
Section 87A must be read along with Sections 84, 85, 86 and 87 CPC.
ALSO READ: Section 87 – Style of Rulers as Parties
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 87A CPC |
| Subject | Definitions of Foreign State and Ruler |
| Foreign State | State recognised by Central Government |
| Ruler | Person recognised as head of a foreign State |
| Main function | Definition and interpretation |
| Section 84 | When foreign States may sue |
| Section 85 | Persons appointed for foreign rulers |
| Section 86 | Suits against foreign States |
| Section 87 | Style of rulers as parties |
Conclusion
Section 87A CPC provides the definitions of “foreign State” and “ruler” for the purposes of the provisions dealing with foreign States and rulers.
The central point to remember is:
Foreign State → State recognised by the Central Government
Ruler → Person recognised by the Central Government as the head of a foreign State
Section 87A therefore provides the definitional foundation for understanding Sections 84 to 87 CPC and determining when the special procedural rules concerning foreign States and rulers apply.
