Legal Basis under CPC: Sections and Orders
The CPC lays down the procedure for government-related civil suits under:
- Section 79 – Who can sue and be sued on behalf of the government.
- Section 80 – Mandatory notice before instituting a suit against the government.
- Order 27 – Procedure when the government is a party to a suit.
- Section 82 – Execution of decrees against the government.
Who Represents the Government in Civil Suits?
Under Section 79, the government appears in court in its name:
- For Central Government: “Union of India.”
- For State Government: “State of [Name].”
The appropriate government pleader or Law Officer represents it, often from the Attorney General’s or Advocate General’s office.
Essentials of a Valid Suit Against the Government
1. Notice under Section 80 CPC
Before suing the government or a public officer for an act done in official capacity, the plaintiff must serve a two-month written notice. This notice must state:
- The cause of action
- Relief claimed
- Name and description of the plaintiff
Purpose: This notice gives the government an opportunity to resolve the matter outside court and avoid unnecessary litigation.
Exceptions:
- No notice is needed when urgent relief is sought through interim orders.
- Courts must grant leave to file without notice in such cases.
2. Proper Party and Jurisdiction
The government must be correctly named in the plaint. Also, the plaintiff must file the case in a court having proper territorial and pecuniary jurisdiction.
3. No Personal Liability for Officers
If a government officer is sued, the act must have been done in personal capacity. If the action was taken officially, the government becomes the party responsible.
Procedure under Order 27 CPC
When the government is a party to a civil suit, certain rules apply:
1. Pleadings
The written statement must be filed by a government pleader. Courts allow additional time for such pleadings if required.
2. Service of Summons
Summons to the government must be served through the Secretary or Collector or Head of Department, depending on the level of government involved.
3. Court Timeframe for Hearing
Courts must provide sufficient time to government lawyers to consult departments and obtain documents.
4. No Personal Appearance Required
Government officials are not required to appear in person unless the court specifically demands their presence.
Suits by the Government
When the government sues a private party, it follows the usual procedures applicable to civil suits, except:
- The Law Officers initiate the suit.
- The government acts through authorized departments or officials.
- The same notice requirement does not apply to the government as a plaintiff.
Execution of Decrees Against the Government – Section 82
Even after a court passes a decree against the government, the plaintiff must wait three months before execution. The idea is to give the government a chance to comply without the pressure of coercive action.
Constitutional Support and Limitations
While Article 300 of the Constitution allows the Union and States to sue or be sued, the right is not unlimited. The actions must arise from a contract, tort, or violation of law.
However, sovereign immunity protects the government from liability for acts that fall under core sovereign functions, such as national defense or policing.
Landmark Judgments on Suits Against Government
1. State of Rajasthan v. Vidyawati (AIR 1962 SC 933)
The Court allowed a tort claim against the state for the negligent driving of a government vehicle by a driver.
Principle: The state can be held liable for non-sovereign functions performed by its employees.
2. Kasturilal Ralia Ram Jain v. State of UP (AIR 1965 SC 1039)
The Court denied compensation for gold seized by the police and later stolen by constables.
Principle: The state has immunity for sovereign functions.
3. Nagendra Rao & Co. v. State of Andhra Pradesh (AIR 1994 SC 2663)
The Court narrowed sovereign immunity, stating that when the state enters commercial or administrative functions, it is liable like any private party.
Case Study: Wrongful Land Acquisition
A rural farmer sued the State Government for acquiring land without proper compensation. He served notice under Section 80. The government delayed replying, and the farmer filed suit. The Court held the acquisition illegal and awarded compensation. Because of compliance with Section 80, the decree was enforceable.
Importance of Compliance with Section 80
Failing to serve notice under Section 80 results in automatic dismissal of the suit. Courts have no discretion in this regard unless an exception applies.
Distinction Between Sovereign and Non-Sovereign Acts
| Sovereign Functions | Non-Sovereign Functions |
|---|---|
| National Defense | Railways, Postal Services |
| Police and Law Enforcement | Commercial Contracts |
| Judicial or Legislative Functions | Public Transport |
| Tax Collection | Warehousing or Public Distribution |
The state is immune in sovereign acts but liable in non-sovereign ones.
Guidelines for Drafting a Suit Against the Government
- Serve proper notice under Section 80.
- Attach a copy of the notice with the plaint.
- Include facts establishing jurisdiction.
- Mention the relief clearly.
- Name the correct government authority.
When Can the Court Reject a Suit Against the Government?
- If no Section 80 notice was served
- If filed against a government officer without permission
- If the action was within sovereign powers
- If the relief sought is vague or time-barred
Statutory Protection to Government Officers
Government officials receive protection under Section 197 of the CrPC and Section 80 of CPC when acting in their official capacity. No court can take cognizance of such actions without prior sanction.
Suggestions for Reform
- Reduce the notice period from 2 months to 1 month.
- Introduce online mechanisms to track notices.
- Impose accountability on officers who ignore valid claims.
Conclusion
Suits involving the government require strict adherence to statutory provisions. While the law allows individuals to challenge the government, it also protects public officers performing official duties. Compliance with Section 80, understanding Order 27, and distinguishing sovereign vs. non-sovereign acts are key to success in such litigation.
Memory Code for Suits by/against Government
Use the mnemonic “GOVERN-SAFE” to remember the key elements:
| Letter | Concept | Explanation |
|---|---|---|
| G | Government Pleader | Represents the government |
| O | Order 27 CPC | Governs procedure |
| V | Valid Notice (Sec 80) | Mandatory before filing suit |
| E | Execution Delay (Sec 82) | 3-month buffer before enforcement |
| R | Relief Specification | Clear prayer in plaint |
| N | Name the Right Party | Union or State must be correctly named |
| S | Sovereign Function Immunity | Not liable for core functions |
| A | Article 300 | Legal identity of Union/State |
| F | Filing in Proper Jurisdiction | Territorial and pecuniary |
| E | Exceptions to Notice Requirement | Urgent matters can skip notice |