CAN INDIAN COURTS compel the missions (i.e., embassies) of foreign States based in Indian territory to judicial proceedings?
In general, the answer is no, because the organs of a State have jurisdictional immunities before the national courts of foreign States (Indian courts, from Sri Lanka’s perspective). The principled rationale for these jurisdictional immunities includes maintaining friendly relations, and ensuring respect for the equality of sovereign States, who should be answerable only to their national courts.
On occasions, however, competing policy considerations give rise to exceptions to jurisdictional immunities. In January 2025, the Madras High Court dealt with such a situation in T. Senthilkumari v The Deputy High Commission for the Democratic Socialist Republic of Sri Lanka in Southern India (2025). A Single Bench comprising Justice D Bharatha Chakravarthy declined the application of jurisdictional immunities for the Sri Lankan Deputy High Commission (‘Sri Lankan mission’). Finding that a diplomatic mission falls within the definition of ‘industry’ under the Industrial Disputes Act, 1947, the Court granted relief to the petitioner in a contractual dispute, ordering her reinstatement. The Sri Lankan mission was served notice, but did not appear in the proceedings.
