Hague Service Convention
Also called: Hague Convention on Service Abroad, 1965 Hague Service Convention · Topic: India and her Neighbours · NCERT: Beyond NCERT
Meaning
The Hague Service Convention is a 1965 international treaty. It sets the rules for sending court papers, such as a summons, from one country to a person in another country. "Service of process" means formally handing these papers to the person being sued. A court usually cannot move ahead against that person until service is complete. Under the treaty, each member country names one office, its Central Authority, to receive such requests from foreign courts and pass the papers on. India has named the Ministry of Law and Justice as its Central Authority. India does not allow a private judicial officer to serve papers directly on anyone in India. So foreign court papers can reach a person in India only through this official channel.
Example
In November 2026, a U.S. federal district court allowed a civil lawsuit by Gurpatwant Singh Pannun to be served on NSA Ajit Doval and former RAW chief Samant Goel through Indian judicial channels. Under the Convention, these papers must go to the Ministry of Law and Justice in New Delhi. Handing them over at the Indian Embassy in Washington did not finish the job.
Don't confuse with
- Mutual Legal Assistance Treaty (MLAT): an agreement between two countries to help each other in criminal cases, for example by sharing evidence. The Hague Service Convention is a treaty with many members, and it deals mainly with delivering court papers in civil cases.
- Hague Conventions of 1899 and 1907: these treaties set rules of war. They have nothing to do with delivering court papers.