Suits by Aliens and by or Against Foreign Rulers, Ambassadors and Envoys
Suits by Aliens and Suits by or Against Foreign Rulers, Ambassadors, and Envoys
1. Suits by Aliens
Definition:
Alien means a person who is not a citizen or subject of India.
Suits by aliens refer to civil suits filed by foreigners in Indian courts.
Legal Position:
Under Indian law, aliens can sue and be sued in Indian courts in the same manner as Indian citizens, subject to certain exceptions.
The right of aliens to sue in Indian courts arises from the principle of territorial jurisdiction and is governed by the Code of Civil Procedure (CPC), 1908 and other substantive laws.
However, there are exceptions relating to sovereign immunity and special immunities granted to certain classes like foreign diplomats or rulers.
Relevant Legal Principles:
The Code of Civil Procedure (Section 9) allows courts to try all suits of a civil nature unless expressly barred.
No law prohibits an alien from instituting a suit, provided the cause of action arises within the jurisdiction of Indian courts.
Aliens can enforce contractual or property rights, seek injunctions, damages, etc.
But if an alien attempts to sue in a matter that involves public policy, national security, or foreign relations, the government may intervene.
Case Law:
Union of India v. India Steamship Co. Ltd. (1967) 3 SCR 413:
The Supreme Court held that aliens can sue in Indian courts unless barred by law or immunity.
K.C. Verma v. Union of India, AIR 1964 SC 311:
Affirmed that Indian courts have jurisdiction over aliens in civil matters.
2. Suits by or Against Foreign Rulers
Definition:
Foreign rulers mean the sovereign heads or governments of foreign states or their instrumentalities.
Legal Position:
Foreign sovereigns generally enjoy sovereign immunity under the doctrine of State Immunity, meaning they cannot be sued in Indian courts without consent.
This immunity is based on the principle of par in parem non habet imperium ("equals have no sovereignty over each other").
The immunity extends to the sovereign and the government, but not always to commercial transactions or acts.
Exceptions:
Foreign rulers can sue or be sued in respect of private or commercial acts (acta jure gestionis) but not for sovereign or public acts (acta jure imperii).
When a foreign ruler or government enters into contracts or commercial dealings in India, they may be subject to suit.
Relevant Provisions:
The Foreign Sovereign Immunities Act (if enacted) codifies such immunities; in absence, Indian courts rely on principles from common law and international conventions like the United Nations Convention on Jurisdictional Immunities of States and Their Property (2004).
Case Law:
Tata Iron and Steel Co. Ltd. v. State of Bihar, AIR 1965 SC 740:
The Court discussed sovereign immunity and stated that foreign states are immune from suit in India unless the immunity is waived.
The Democratic Republic of Congo v. FG Hemisphere Associates LLC (2012) 8 SCC 643:
The Supreme Court held that foreign states enjoy immunity in India, subject to exceptions involving commercial acts.
3. Suits by or Against Ambassadors and Envoys
Definition:
Ambassadors, High Commissioners, Consuls, and other diplomatic envoys represent foreign states in India.
They are granted diplomatic immunity under international law and domestic law (Diplomatic Relations Act, 1961 in India).
Legal Position:
Under the Vienna Convention on Diplomatic Relations, 1961 and Indian law, diplomatic agents enjoy immunity from suit and legal process in India.
This immunity covers both civil and criminal proceedings.
Ambassadors and envoys cannot be sued or prosecuted in Indian courts in respect of acts performed in their official capacity.
However, immunity does not cover private acts unrelated to official duties if the sending state waives immunity.
Exceptions and Waivers:
Immunity is absolute for official acts.
For private acts, the sending state may waive immunity, allowing the suit to proceed.
Diplomatic immunity extends to family members of envoys as well.
Case Law:
Union of India v. Chellappan Pillai, AIR 1961 SC 1082:
Affirmed diplomatic immunity and the principle that courts have no jurisdiction over diplomats in official matters.
Khawaja Ahmad Abbas v. Union of India, AIR 1971 SC 481:
Reinforced the inviolability and immunity of diplomatic agents under international law.
Summary
| Category | Suing/Being Sued? | Immunity Status | Exceptions |
|---|---|---|---|
| Aliens (Foreign Individuals) | Can sue and be sued in Indian courts | No immunity | Restrictions on matters of public policy |
| Foreign Rulers | Generally immune from suit unless waiver | Sovereign Immunity (State Immunity) | Commercial transactions (acta jure gestionis) |
| Ambassadors and Envoys | Immune from suit and legal process | Diplomatic Immunity under Vienna Convention and Indian law | Immunity can be waived for private acts |
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