Introduction
Section 87B of the Code of Civil Procedure, 1908 deals with the application of Sections 85 and 86 to the Rulers of former Indian States.
- Introduction
- Section at a Glance
- Meaning of Section 87B CPC
- Essential Conditions Under Section 87B
- Protection Available Under Section 87B
- Section 85 and Section 87B
- Section 86 and Section 87B
- Former Indian State
- Meaning of “Ruler”
- Importance of 26 January 1950
- Historical Background
- Practical Example
- Section 87B vs Section 87A
- Section 87B vs Section 86
- Section 87B vs Section 84
- Practical Importance in Civil Litigation
- Common Confusions About Section 87B CPC
- Importance for Law Students and Judiciary Exams
- Important Questions to Prepare
- Key Legal Principles
- Key Takeaways
- Conclusion
The provision applies where a suit is brought by or against the Ruler of a former Indian State and the suit is based wholly or partly on a cause of action that arose before the commencement of the Constitution, or where a proceeding arises out of such a suit.
In such circumstances, Section 85 and sub-sections (1) and (3) of Section 86 apply to the Ruler in the same manner as they apply to the Ruler of a foreign State.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 87B CPC |
| Subject | Rulers of former Indian States |
| Main purpose | Application of Sections 85 and 86 to former Indian Rulers |
| Suit | By or against the Ruler |
| Cause of action | Wholly or partly arose before commencement of Constitution |
| Commencement of Constitution | 26 January 1950 |
| Applicable provisions | Section 85 and Sections 86(1) and 86(3) |
| Former Indian State | State specified by Central Government through notification in Official Gazette |
Meaning of Section 87B CPC
Section 87B extends certain protections available to the Rulers of foreign States to the Rulers of former Indian States in specified circumstances.
The provision is particularly concerned with suits based on pre-Constitution causes of action.
It does not provide a general immunity to every former ruler in every civil proceeding. Its application depends upon the conditions prescribed in the Section.
Essential Conditions Under Section 87B
1. The Party Must Be the Ruler of a Former Indian State
Section 87B applies to the Ruler of a former Indian State falling within the statutory definition.
2. There Must Be a Suit by or Against the Ruler
The provision applies where the suit is:
- by the Ruler; or
- against the Ruler.
3. The Cause of Action Must Have Arisen Before the Constitution
The suit must be based wholly or partly upon a cause of action which arose before the commencement of the Constitution.
The commencement of the Constitution is 26 January 1950.
4. Proceedings Arising From Such Suit Are Also Covered
Section 87B also applies to proceedings arising out of such a suit.
Protection Available Under Section 87B
Section 87B makes the following provisions applicable to the Ruler of a former Indian State:
- Section 85
- Section 86(1)
- Section 86(3)
These provisions apply in relation to the Ruler in the same manner as they apply to the Ruler of a foreign State.
Therefore, Section 87B operates by extending specified existing protections, rather than creating an entirely separate procedural regime.
Section 85 and Section 87B
Section 85 deals with persons specially appointed by the Government to prosecute or defend suits on behalf of foreign rulers.
Section 87B extends the application of Section 85 to qualifying Rulers of former Indian States.
Thus:
Section 85 → Representation of foreign rulers
Section 87B → Application of Section 85 to qualifying former Indian Rulers
Section 86 and Section 87B
Section 86 deals with suits against foreign rulers, ambassadors and envoys.
Section 87B specifically makes sub-sections (1) and (3) of Section 86 applicable to qualifying Rulers of former Indian States.
An important examination point is that Section 87B does not simply apply the entire Section 86.
It specifically refers to:
Section 86(1) + Section 86(3)
Former Indian State
For the purposes of Section 87B, a “former Indian State” means an Indian State which the Central Government may specify by notification in the Official Gazette for the purposes of the Section.
Therefore, the expression does not simply cover every historical princely State automatically.
The statutory notification requirement is important.
Meaning of “Ruler”
For Section 87B, the expression “Ruler” has the meaning assigned to it under Article 363 of the Constitution of India.
Therefore, the constitutional meaning of the term is relevant when determining whether a person falls within Section 87B.
Importance of 26 January 1950
The date 26 January 1950 is crucial to Section 87B.
The special statutory protection applies where the suit is based wholly or partly on a cause of action that arose before the commencement of the Constitution.
Therefore:
Pre-26 January 1950 cause of action → Section 87B may apply
Post-26 January 1950 cause of action → Section 87B’s special protection does not arise merely on that basis
Historical Background
Section 87B has a historical connection with the integration of the former Indian princely States into the Indian Union.
Before the Constitution came into force, numerous Indian States existed under their respective rulers.
After the constitutional transformation of India, special legal arrangements continued to govern certain matters concerning the former rulers.
Section 87B reflects this historical context by preserving specified procedural protections in relation to qualifying pre-Constitution causes of action.
Practical Example
Suppose a Ruler of a former Indian State is involved in a civil suit concerning a transaction from a period before 26 January 1950.
If the former Indian State falls within the statutory definition and the other requirements of Section 87B are satisfied, Section 87B may apply.
In such a case, Section 85 and Sections 86(1) and 86(3) operate in relation to the Ruler as they operate in relation to the Ruler of a foreign State.
Section 87B vs Section 87A
Section 87A
Deals with the definitions of “foreign State” and “Ruler.”
Section 87B
Deals with the application of specified protections to Rulers of former Indian States.
Therefore:
Section 87A → Definitions
Section 87B → Former Indian Rulers
Section 87B vs Section 86
| Section 87B | Section 86 |
|---|---|
| Applies to qualifying Rulers of former Indian States | Deals with foreign rulers, ambassadors and envoys |
| Connected with pre-Constitution causes of action | General statutory provision concerning suits against protected foreign representatives |
| Applies Section 85 and Section 86(1) & (3) | Directly contains the relevant procedural rules |
| Special historical provision | General provision concerning foreign representatives |
Section 87B vs Section 84
Section 84
Deals with when foreign States may sue.
Section 87B
Deals with the application of specified protections to Rulers of former Indian States.
These provisions address different legal situations.
Practical Importance in Civil Litigation
When dealing with a suit involving a former Indian Ruler, the following questions should be considered:
- Is the person a Ruler within the meaning applicable to Section 87B?
- Is the State a “former Indian State” specified by the Central Government?
- Is the suit by or against the Ruler?
- Did the cause of action arise before 26 January 1950?
- Is the suit wholly or partly based on that cause of action?
- Does the proceeding arise out of such a suit?
- Do Section 85 and Sections 86(1) and 86(3) consequently apply?
Common Confusions About Section 87B CPC
1. It Does Not Apply to Every Former Ruler
The statutory requirements must be satisfied.
2. The Pre-Constitution Cause of Action Is Important
The cause of action must have arisen wholly or partly before 26 January 1950.
3. Section 87B Does Not Apply All of Section 86
Only Sections 86(1) and 86(3) are specifically made applicable.
4. Section 87B Is Not the Same as Section 87A
Section 87A provides definitions.
Section 87B provides special treatment for Rulers of former Indian States.
5. It Also Covers Proceedings Arising From the Suit
The Section extends to proceedings arising out of a suit covered by Section 87B.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 87B → Rulers of former Indian States.
- It applies to suits by or against the Ruler.
- The suit must be based wholly or partly on a cause of action arising before 26 January 1950.
- It also applies to proceedings arising out of such suits.
- Section 85 applies.
- Section 86(1) and Section 86(3) apply.
- A former Indian State must be specified by the Central Government through notification in the Official Gazette.
- “Ruler” has the meaning assigned under Article 363 of the Constitution.
Important Questions to Prepare
- What is the object of Section 87B CPC?
- Who is a Ruler of a former Indian State?
- What is meant by “former Indian State” under Section 87B?
- What is the significance of 26 January 1950?
- Which provisions of Section 86 apply under Section 87B?
- Does Section 87B apply to every former Indian State?
- What is the relationship between Sections 85, 86 and 87B?
- What is the relationship between Sections 87A and 87B?
- Does Section 87B apply to proceedings arising out of the original suit?
- Explain the historical significance of Section 87B CPC.
Key Legal Principles
1. Special protection for former Indian Rulers
Section 87B extends specified procedural protections to qualifying Rulers of former Indian States.
2. Pre-Constitution cause of action
The suit must be based wholly or partly on a cause of action arising before 26 January 1950.
3. Specific provisions are applied
Section 87B applies:
Section 85 + Section 86(1) + Section 86(3)
to the qualifying Ruler.
4. Central Government notification is relevant
A former Indian State must be one specified by the Central Government through notification in the Official Gazette.
5. Constitutional meaning of Ruler
The expression “Ruler” is linked to Article 363 of the Constitution.
ALSO READ: Section 87A – Definitions of Foreign State and Ruler
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 87B CPC |
| Subject | Rulers of former Indian States |
| Suit | By or against the Ruler |
| Cause of action | Wholly or partly arose before 26 January 1950 |
| Protection | Section 85 + Section 86(1) and (3) |
| Former Indian State | Specified by Central Government notification |
| Ruler | Meaning under Article 363 |
| Main concept | Special procedural protection |
| Historical basis | Former Indian States |
Conclusion
Section 87B CPC provides special procedural protection to the Rulers of specified former Indian States in suits based wholly or partly on causes of action arising before 26 January 1950.
The provision applies Section 85 and Sections 86(1) and 86(3) to such Rulers in the same manner as they apply to the Ruler of a foreign State.
The easiest way to remember Section 87B is:
Section 87B → Former Indian Rulers
Cause of Action → Before 26 January 1950
Protection → Section 85 + Section 86(1) & (3)
Former Indian State → Specified by Central Government Notification
Ruler → Meaning under Article 363
