Order XXVIIA Rule 1 CPC - Notice to Attorney General or Advocate-General
Order XXVIIA Rule 1 of the Code of Civil Procedure, 1908 (CPC) requires a civil court to give notice to the appropriate constitutional law officer before deciding certain questions concerning the interpretation of the Constitution. The provision protects the opportunity of the Union or State to be heard when the constitutional question concerns that government.
Text of Order XXVIIA Rule 1 CPC
In any suit in which it appears to the Court that any such question as is referred to in clause (1) of article 132, read with article 147 of the Constitution, is involved, the Court shall not proceed to determine that question until after notice has been given to the Attorney General for India if the question of law concerns the Central Government and to the Advocate-General of the State if the question of law concerns a State Government.
The text above is presented without obsolete editorial footnote markers appearing in some reproductions of the provision.
When is notice under Rule 1 required?
Rule 1 applies when the court finds that the suit involves a question of the kind referred to in Article 132(1), read with Article 147, of the Constitution. Article 132(1) concerns a substantial question of law as to interpretation of the Constitution in the context of appellate certification. Article 147 expands references to substantial constitutional interpretation questions for specified purposes, including interpretation of the Government of India Act, 1935 and certain earlier constitutional instruments.
It is not enough that a party merely mentions a constitutional article. The court must consider whether the relevant kind of constitutional interpretation question actually arises for determination.
Who receives notice?
- Attorney General for India: when the question of law concerns the Central Government.
- Advocate-General of the State: when the question of law concerns a State Government.
The court must give the relevant notice before determining the constitutional question. The rule does not, by itself, require the entire suit to stop for every other purpose.
Legal definitions and related constitutional provisions
Attorney General for India - Article 76
The Attorney General for India is appointed by the President and is the Union's principal constitutional law officer, with duties and rights specified in Article 76.
Advocate-General for the State - Article 165
The Advocate-General is appointed by the Governor and performs constitutional legal duties for the State under Article 165.
Substantial question of law as to interpretation of the Constitution - Article 132(1)
This describes a significant legal question about the meaning or interpretation of the Constitution, rather than merely a dispute about facts or a routine application of settled law. Whether a particular question qualifies depends on its substance and the relevant judicial principles.
Statutory instrument
A statutory instrument generally means an instrument such as a rule, notification, order or regulation made under authority conferred by legislation. Questions about validity of such instruments that are not of the nature described in Rule 1 are separately addressed by Order XXVIIA Rule 1A.
Procedure followed by the civil court
- Identify the question: examine the pleadings and issues to see whether a substantial constitutional interpretation question within Rule 1 is involved.
- Identify the concerned government: determine whether the issue concerns the Central Government or a State Government.
- Give notice: issue notice to the Attorney General for India or the relevant Advocate-General before determining that question.
- Allow the statutory process: consider the operation of Order XXVIIA Rules 2 to 4, including possible addition of the government as a party where the statutory conditions are met.
- Determine the question: proceed in accordance with the CPC, applicable court rules and principles of natural justice.
Rule 1 concerns procedural notice; it does not independently grant a civil court jurisdiction that is otherwise excluded, nor does it decide the merits of a constitutional challenge.
Illustrative example
Suppose a civil suit raises a substantial question about the interpretation of a constitutional provision that concerns the Union Government. Before deciding that particular question, the civil court must give notice to the Attorney General for India under Rule 1. If the question instead concerns a State Government, notice is given to the State's Advocate-General. The subsequent course depends on the issues, applicable procedural rules and the court's orders.
Frequently asked questions
Is notice mandatory under Order XXVIIA Rule 1?
Yes, where the statutory conditions are met. The rule states that the court shall not determine the specified constitutional question until the prescribed notice has been given.
Does every constitutional argument require notice?
No. The provision targets the particular kind of question described in Article 132(1), read with Article 147, and requires consideration of which government is concerned.
Is notice the same as making the government a party?
No. Notice under Rule 1 is distinct from addition of a government as a party under other provisions of Order XXVIIA.
Official statutory references
Consult the Code of Civil Procedure, 1908 on India Code for Order XXVIIA and Section 113, and the Constitution of India on the Legislative Department website for Articles 76, 132, 147, 165 and 228. Check the current consolidated text, applicable amendments and local court rules before relying on any provision in litigation.
This article is for general legal information and does not replace advice on a specific case.