In a democratic legal system like India, the government is not immune from judicial scrutiny. When disputes arise involving the State, the Code of Civil Procedure, 1908 lays down special provisions to govern suits by or against the Government or public officers. These provisions aim to balance governmental functions with citizen rights, ensuring accountability and fairness.
Relevant Legal Provisions
Sections 79 to 82 of the Code of Civil Procedure, 1908 (CPC) specifically govern suits by or against the Government or public officers.
Section 79 CPC – Suits by or Against Government
This section mandates that:
- If a suit is instituted by the Government, it shall be in the name of:
- The Union of India, for Central Government matters.
- The State, for State Government matters.
- If a suit is instituted against the Government, it must be filed against:
- The Union of India or
- The concerned State Government.
Example: If a person wants to sue the Central Government for breach of contract, the defendant in the case will be Union of India, not any individual officer.
Section 80 CPC – Notice Before Institution of Suit
A mandatory requirement before filing a suit against the Government or a public officer.
Key Requirements:
- Two months’ prior written notice must be served before instituting the suit.
- Notice must state:
- Cause of action
- Relief sought
- Details of the grievance
Objective:
To allow the Government an opportunity to settle the dispute without litigation.
Exception: In urgent matters requiring immediate relief, the court may allow filing without prior notice under Section 80(2) CPC, but only with court’s permission.
Section 81 CPC – Privileges of the Government
The Government is granted certain procedural privileges, such as:
- Exemption from arrest and personal appearance in court.
- Exemption from furnishing security.
Section 82 CPC – Execution of Decrees
- A decree passed against the Government or a public officer cannot be executed until the expiry of three months from the date of the decree.
- Gives the Government time to decide whether to comply or file an appeal.
Important Procedural Aspects
1. Jurisdiction
The suit must be filed in a court having territorial and pecuniary jurisdiction over the dispute.
2. Public Officer Sued in Official Capacity
If a suit is filed against a government servant for acts done in official capacity, the same rules apply, including notice.
3. Legal Representation
Government is represented through Government Pleaders, and all communications and notices are routed accordingly.
Landmark Case Laws
1. State of Andhra Pradesh v. Pioneer Builders (2006) SC
- The Supreme Court held that non-compliance with Section 80 notice makes the suit not maintainable, unless waived or exempted by court.
2. Bihari Chowdhary v. State of Bihar (1984) SC
- The court observed that Section 80 serves a public purpose and must be complied with strictly.
3. Union of India v. Tulsiram Patel (1985) SC
- Emphasized on governmental immunity in certain discretionary acts, but held the government answerable for violation of legal duties.
Exceptions & Special Considerations
- No notice required in writ petitions under Article 226 or 32 of the Constitution.
- In cases involving constitutional torts, like custodial death or police brutality, courts have relaxed the Section 80 requirement.
- Public Interest Litigation (PIL) filed against the Government does not require Section 80 notice.
Impact and Significance
- Ensures that the Government is accountable for its actions in civil matters.
- Provides a pre-litigation opportunity for dispute resolution.
- Safeguards public officials from frivolous and hasty litigation.
- Promotes rule of law and fair governance.
