AIR 1987 SUPREME COURT 9 ::(1987) 1 ComLJ 76 ::1987 (1) UJ (SC) 43 ::1986 31 DLT 198 ::(1987) 31 DLT 198 ::(1987) 1 CivLJ 141 ::1986 (4) SCC 678 ::(1987) 100 Mad LW 141 ::1987 (1) CurCC 243 ::1987 (1) SCJ 18 ::(1986) 4 Supreme 258 ::1986 4 Supreme 258 ::(1986) JT 765 (SC)

Supreme Court Of India

Hon'ble Judge(s): Sabyasachi Mukharji, K. N. Singh , JJ

(A) Civil P.C. (5 of 1908) , S.86, S.87— Foreign State - Suit against - Central Government's power to grant sanction - Though administrative, observance of principles of natural justice is implicit - Must pass reasoned order - Should not adjudicate on merits - Sovereign immunity - Doctrine of. Constitution of India , Art.226— The provisions of both Ss. 86 and 87 are intended to save the foreign States from harassment which would be caused by the institution of a suit but except in cases where the claim appears to be frivolous patently, the Central Government should normally accord consent or give sanction against foreign States unless there are cogent political and other reasons. Normally, however, it is not the function of the Central Government to attempt to adjudicate upon the merits of the case intended to be made by the litigants in their proposed suits. It is the function of the Courts of competent jurisdiction and the Central Government cannot under S. 86 of the Code usurp that function. The power given to the Central Government must be exercised in accordance with the principle that reasons must appear from the order.(Para 22) Sovereign immunity rests on two principles. The one expressed in maxima par in parem non habet jurisdictionem is concerned with the status of equality. The other principle on w....