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Order XXVII-A: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution

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Legal Commentary & Landmark Judgments: Order 27A

Order XXVII-A mandates the issuance of statutory notice to the Attorney-General of India or Advocate-General of the State in any civil suit involving a substantial question of law as to the interpretation of the Constitution.

  • Constitutional Interpretation Notice [R. 1]: In any suit in which it appears to the court that any substantial question of law as to the interpretation 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 it concerns Central law, or to the Advocate-General if it concerns State law.
  • Right of Hearing for Sovereign Law Officers: Court shall add the Attorney-General or Advocate-General as a party defendant or give them audience upon their application.
  • Mandatory Statutory Filter: Prevents private litigants from having constitutional provisions or statutes invalidated without sovereign representation.
  • Order 27A Rule 1A Applicability: Applies equally to interpretation of Central Acts and statutory rules.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court emphasized that Order 27A ensures that constitutional questions are never adjudicated ex-parte; sovereign law officers must be given notice to defend legislative enactments.
  • State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: Affirmed that notice to the Advocate-General under Order 27A is mandatory when statutory rules are challenged as unconstitutional.
Courtroom Practice & Strategic Litigation Guidance:

If your civil suit challenges the constitutional validity of a state enactment or municipal regulation, make an express prayer in the plaint for issuance of notice to the Advocate-General under Order 27A Rule 1.

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