As the state government plans to increase court fees to as high as up to Rs 10L, lawyers say it effectively means denying justice to those who can’t afford it
The revised charges are likely to be implemented next year
Filing a court case might soon make a hole in your pocket, as the state government plans to implement the revised court fees next year. The upper limit for filing a civil suit was Rs 3 lakh, but as per the revised charges it will be increased up to Rs 10 lakh. Similarly, in case of a probate under the succession law, the higher limit for the court fee was up to Rs 75,000, but it has been increased up to Rs 3 lakh. In both the cases, there might be a fee hike of almost 300 per cent. However, lawyers are of the opinion that instead of implementing such a steep rise, the government should do it stage-wise.
Speaking to mid-day, Advocate Godfrey Pimenta said, “The Maharashtra Court-fees (Amendment) Act, 2017 is likely to be implemented within the first quarter of 2022. The new charges are ridiculously high and if there is a legal remedy available to a party, but they have no means to pay such high court fees, it effectively means denying justice to them.”
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“The court fee hike is totally unconstitutional and would violate Article 21 (Right to Life) of the Constitution of India. Right to seek justice is a hallmark of democracy and the majority of Indians will be deprived of their fundamental right,” added Pimenta. Solicitor Stuti Galiya said, “The charges that are collected are utilised for administrative costs of courts, to ensure that courts and tribunal services are adequately funded. The fees are different in different states. In some states, a specific percentage is prescribed whereas in some others, there is a cap.”
Galiya further said, “The hike which has been proposed is almost thrice the earlier rates. While it cannot be denied that money is needed to meet the expenditure of courts and for building infrastructure, such exorbitant fees might deter the poor from availing justice.” Advocate Rajeshwar Panchal, who practises in Bombay High Court, said, “The amendment to increase court fees is unprecedented. To say the least, such an amendment shows that justice has almost become a commodity. This is the price one has to pay for justice. Civil suits are effective remedies between two litigating people or entities, but if the court fee is up to Rs 10 lakh, only a few people will be able to afford it.”
“It will destroy the concept of justice. The apex court has declared time and again that access to justice is a fundamental right stemming from Article 21 and 14 (Equity before the law) of the Constitution. However, this kind of court fees will destroy the concept of justice. Such a law will have far-reaching effects on the society as a whole,” added Panchal.
Floyd Gracias, counsel of the Supreme Court said, “The increase in court fees was long overdue. Due to factors like inflation and administrative costs, the increase in fees would be unavoidable. However, had it been done in phases over the years, it would have had less of an impact.” “Testamentary petitions are imperative to establishing the legal rights of heirs or legatees to the estate of the deceased. The maximum court fees payable in respect of a suit is almost 330 per cent more now. This may make it difficult for the common man. Looking at the brighter side, the increased court fees may lead to a drop in frivolous litigations,” added Gracias.
Advocate Vinod Sampat, founder-president of Cooperative Societies Residents Users and Welfare Association, said, “The implications of the proposal will be that when legal heirs try to get a property transferred in their name on the demise of their near-and-dear ones, they will have to pay up to Rs 3 lakh depending on the value of the property.” “All legal heirs, who have applied for probate/letter of administration, are requested to ensure that the court fees are paid, so that even if the bill is approved later, they won’t have to pay the additional amount,” said Sampat.
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