Bailabel Type : non-bailable

Description

Order 27A of the Civil Procedure Code (CPC) specifically deals with suits that raise a substantial question of law regarding the interpretation of the Constitution or the validity of any statutory instrument. This provision was added to the CPC to address situations where the case involves complex legal questions related to the Constitution of India or laws made by the legislature (i.e., statutory instruments such as rules, regulations, notifications, etc.).

The order ensures that such cases, which may have a wide-reaching impact on the legal framework or the rights of individuals, are dealt with in a manner that respects the importance of constitutional or legal interpretation. It also provides a structured process for handling such sensitive matters.

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Key Provisions of Order 27A

Rule 1: Suits Involving Substantial Questions of Law

1. Substantial Question of Law:

   • This rule provides the framework for suits that involve a substantial question of law. A substantial question of law refers to a question that is of great importance and relates to the interpretation of the Constitution or the validity of any statutory instrument. These are legal questions that can have a major impact on the way laws are applied or understood.
   • Examples include questions such as:
     • Whether a law violates the Constitution.
     • Whether a statutory instrument is inconsistent with the Constitution or exceeds the legislative power of the issuing authority.
     • Whether a particular interpretation of the Constitution affects fundamental rights or public policy.

2. Procedure for Filing a Suit:

   • The suit must be filed with the appropriate court that has jurisdiction to hear constitutional or statutory questions. Typically, such cases may involve High Courts or the Supreme Court (depending on the nature of the case). However, under this order, such cases are first heard by the High Court if the matter concerns a substantial question of law.

3. Notice to the Attorney General:

   • Rule 1 of Order 27A mandates that in any suit involving a question of constitutional interpretation or the validity of a statutory instrument, notice must be given to the Attorney General of India. The Attorney General is the principal legal advisor to the Government of India and plays a critical role in defending the validity of laws or statutes passed by the government.
   • The Attorney General is given an opportunity to represent the Government’s interests and present arguments related to the constitutional or legal matter at hand.

4. Government's Representation:

   • If the suit involves a statutory instrument, the relevant government department or authority responsible for issuing the instrument must also be notified. The concerned government agency will be required to provide its stance on the issue, defending the instrument or clarifying its legality and constitutionality.

Rule 2: Reference of a Substantial Question of Law

1. Referral to Larger Bench:

   • If the High Court hearing the case finds that the matter involves a substantial question of law, especially one related to the interpretation of the Constitution, the case may be referred to a larger bench. This is particularly important when the issue has broad implications for the legal system or involves conflicting interpretations of law.
   • The court may refer the case to a Full Bench or a Division Bench of the High Court, depending on the complexity and importance of the issue. This ensures that such matters are handled with due diligence by experienced judges.

2. Role of the Larger Bench:

   • The larger bench will consider the constitutional or statutory issue in detail and will pass an authoritative decision. This can help settle legal uncertainties or conflicts, and its decision will guide future cases involving similar issues.

Rule 3: Stay of Proceedings

1. Stay of Suit Pending Resolution:
   • In some cases, the court hearing the suit may grant a stay of proceedings until the substantial question of law is resolved. This allows the parties to wait for a decision on the constitutional issue or the validity of the statutory instrument before proceeding with the rest of the case.
2. Preliminary Question of Law:
   • If the court determines that a substantial question of law is involved, it may prioritize hearing and deciding the constitutional or statutory instrument-related question first. The court may decide whether the case should proceed based on the outcome of this question.

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Significance of Order 27A

1. Handling Constitutional Matters:

   • Order 27A is specifically designed to handle matters that have a constitutional significance. It ensures that questions about the interpretation of the Constitution or the validity of laws are dealt with in a structured and timely manner by courts that are capable of addressing such complex issues.

2. Government Representation:

   • By mandating the involvement of the Attorney General or the relevant government authority, the order ensures that the Government’s position is represented in all suits concerning constitutional questions. This ensures that the defense of government policies or laws is robust and in line with public interest.

3. Guidance for Future Cases:

   • The decisions made in these suits can have long-term implications, as they may affect the interpretation of laws and constitutional provisions in future cases. This makes it crucial for such suits to be handled with special attention to their broader impact on the legal system.

4. Ensuring Uniformity in Constitutional Interpretation:

   • The provision for referring such cases to a larger bench ensures that important constitutional and statutory issues are resolved in a manner that provides uniformity and clarity. This helps prevent divergent views on the same issue and creates legal certainty for future cases.

Punishment

Delay in Proceedings:

• If the court does not follow the prescribed procedure under Order 27A or if notice to the Attorney General or concerned government departments is not provided, the case may face delays or could be dismissed on procedural grounds. Courts may also issue orders for non-compliance with statutory requirements.

Stay or Dismissal of the Suit:

• If a party fails to follow the requirements under Order 27A, particularly the notice provisions or the filing of a substantial question of law, the court may order a stay on the suit until proper compliance is ensured or may even dismiss the suit.