Section 87A — Definitions of “foreign State” and “Ruler”
Sections 84–87 turn on two words. Section 87A defines them: a foreign State is any State outside India that the Central Government has recognised; a Ruler is whoever the Government recognises, for the time being, as its head. And the courts simply take judicial notice of that recognition.
How to read Section 87A
Two definitions
For this Part, a “foreign State” is any State outside India recognised by the Central Government; a “Ruler” is the person the Government recognises, for the time being, as its head.
Recognition is the key
Both turn entirely on recognition by the Central Government — an executive, political act, not something the court decides for itself.
Judicial notice
A court takes no evidence on the point — it takes judicial notice of whether the Government has, or has not, recognised the State or its head.
The bare Act
(1) In this Part,—
(2) Every Court shall take judicial notice of the fact—
Section 87A was inserted by Act 2 of 1951 (w.e.f. 1-4-1951), as part of the same recast that substituted §§ 83–87. These definitions govern the whole foreign-State group (§§ 84–87, 87B).
Key terms decoded
Any State outside India that has been recognised by the Central Government. Without that recognition, a body is not a “foreign State” for this Part.
The person the Central Government recognises, for the time being, as the head of that foreign State.
The decisive act — recognition of States and heads of State is an executive function, conclusive for the courts.
Recognition can change — the “Ruler” is whoever the Government currently recognises as head, not a fixed person.
A fact the court accepts without proof. Under sub-s. (2) the court does not try the question of recognition — it simply notices it.
Judicial notice cuts both ways — of recognition and of its absence, for both a State and its head.
The picture — recognition decides, the court notices
Both definitions hang on one executive act — recognition by the Central Government. The court never tries that question; sub-section (2) tells it simply to take judicial notice of the answer, either way.
Section 87A, part by part
How the two sub-sections work as one body
Recognition defines → the court notices
Both “foreign State” and “Ruler” are pinned to one thing — recognition by the Central Government, an executive act.
So the court never investigates recognition — it simply takes judicial notice of whether it has, or has not, been given.
Connected provisions
Section 87A supplies the vocabulary for Part IV’s foreign-sovereigns group (§§ 83–87B): a foreign State suing (§ 84), its agents (§ 85), suits against it (§ 86), the Ruler’s style (§ 87) and — next — § 87B applying §§ 85–86 to Rulers of former Indian States.