Section 84 — When foreign States may sue

A foreign State can use the Indian courts as a litigant — it may sue in any competent Court. But only for one kind of object: to enforce a private right vested in its Ruler, or in an officer of that State in his public capacity — not to press a sovereign or political claim.

§ 84

How to read Section 84

The right

A foreign State has standing to sue in any competent Indian court — it is recognised as a proper plaintiff.

The limit (proviso)

But only where the object is to enforce a private right — a proprietary or commercial claim — not a sovereign, public or political one.

Whose right

That private right must be vested in the Ruler of the State, or in an officer of that State in his public capacity.

The bare Act

Section 84 · verbatim

A foreign State may sue in any competent Court:

Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.

Section 84 was substituted by Act 2 of 1951, s. 12 (w.e.f. 1-4-1951), together with §§ 83 and 85–87 — the post-Constitution recast of the suits-by-and-against-foreign-States provisions. “Foreign State” and “Ruler” are defined in § 87A.

Key terms decoded

Foreign State

A State outside India recognised as such by the Central Government (defined in § 87A). It may sue as a juristic person.

Any competent Court

§ 84 does not confer jurisdiction — it only allows a foreign State to sue where the court is otherwise competent.

Object of the suit

What the suit is for. The proviso tests the suit by its object: is it to enforce a private right?

Private right

A proprietary, contractual or similar right enforceable like an individual’s — as opposed to a sovereign, public or political claim, which § 84 does not cover.

Ruler (of such State)

The person recognised by the Central Government as the Head / Ruler of the foreign State (defined in § 87A). The private right may be vested in him.

Officer of such State in his public capacity

A State officer in whom the private right is vested in his official character — an alternative holder of the right the suit enforces.

The picture — the object decides

A foreign State sues here as an ordinary litigant, not as a sovereign: the proviso filters by the object of the suit — a private right passes; a sovereign or political claim does not.

Section 84, part by part

The right

A foreign State may sue in any competent Court

A foreign State is given standing to sue in any Indian court that is otherwise competent — it is a recognised plaintiff, not barred by its foreign-sovereign character.

The condition

Provided that the object of the suit is to enforce a private right

The proviso narrows it sharply: the suit is allowed only where its object is to enforce a private right — a proprietary or commercial claim, not a sovereign, public or political one.

Whose right

vested in the Ruler of such State or in any officer of such State in his public capacity.

That private right must be vested in the Ruler of the State, or in an officer of the State acting in his public capacity — the State sues to enforce a right held in that character.

Connected provisions

Section 84 sits in Part IV’s aliens & foreign-sovereigns group (§§ 83–87B): aliens suing (§ 83), a foreign State suing (§ 84), suits against foreign Rulers, Ambassadors and Envoys (§§ 85–86), their style (§ 87) and the definitions of “foreign State” and “Ruler” (§ 87A).

§ 83 ←When aliens may sue — alien friends and permitted alien enemies.

§ 85 →Persons specially appointed by Government to prosecute or defend for a foreign Ruler.

§ 86 →Suits against foreign Rulers, Ambassadors and Envoys — consent of the Central Government.

🗺 Part IV MapThe whole of Part IV — suits in particular cases §§ 79–93.

Test yourself

1 Can a foreign State sue in an Indian court? — Yes, in any competent court — if the object is to enforce a private right [§ 84].

2 Can it sue to press a sovereign or political claim? — No — the proviso admits only the enforcement of a private right.

3 In whom must that private right be vested? — in the Ruler of the State, or an officer of the State in his public capacity.

Part IV · Suits in Particular Cases · Section 84 — When foreign States may sue.