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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXVII-A: Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution Or As To The Validity Of Any Statutory Instrument

Order XXVII-A Rule 1 CPC: Notice to the Attorney General or the Advocate-General

Bare Act text

1. Notice to the Attorney General or the Advocate-General.—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.

Amendment notes

  1. Subs. by the A.O. 1948, for “substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order-in-Council made thereunder”.
  2. Subs. by the A.O. 1950, “In sub-section (1) of section 205 of the Government of India Act, 1935”.
  3. Subs. ibid., for “the Advocate-General of India”.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a suit involves a substantial question of law as to the interpretation of the Constitution of the kind referred to in Article 132(1), read with Article 147, the Court must not decide that question until notice has been given. The notice goes to the Attorney General for India if the question concerns the Central Government, and to the Advocate-General of the State if it concerns a State Government.

Order XXVII-A: Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution Or As To The Validity Of Any Statutory Instrument

  1. 1 Notice to the Attorney General or the Advocate-General
  2. 1A Procedure in suits involving validity of any statutory instrument
  3. 2 Court may add Government as party
  4. 2A Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument
  5. 3 Costs
  6. 4 Application of Order to appeals
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