Kerala HC cites inflation, rising costs to justify revision of court charges

Kochi, Oct 31 (IANS) The Kerala High Court on Friday upheld the State government’s decision to revise court fees, dismissing a Public Interest Litigation (PIL) filed by the Kerala High Court Advocates’ Association (KHCAA) that challenged the steep hike and the introduction of ad-valorem fees without an upper limit.

A Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji ruled that the State legislature had the competence to amend the Kerala Court Fees and Suits Valuation Act, 1959, and that the revision was reasonable in view of inflation, rupee depreciation and the increased expenditure on the administration of justice.

“The revision of court fees has not taken place in Kerala for more than two decades. A broad correlation between the collection of court fees and the expenditure on administration of justice is all that is necessary. Mathematical exactitude is not required,” the Bench observed.

The hike, proposed in the 2025-26 Budget and implemented through the Kerala Finance Act, 2025, was challenged by the KHCAA as arbitrary and unconstitutional.

The Association argued that the increase ranging from 400 per cent to nearly 9,900 per cent would deny access to justice for the poor and violated Articles 14 and 21 of the Constitution.

It also contended that the government ignored recommendations of the Law Commission of India and the Kerala Law Reform Commission.

Rejecting these claims, the Court noted that the State had relied on multiple economic indicators, including the Consumer Price Index, average wages, rupee dollar exchange rates, and gold prices, to assess the real value of money since the last revision in 2003.

The Bench also turned down KHCAA’s plea to strike down Section 73A of the Act, which exempts the State and its functionaries from paying court fees, pointing out that the same issue had been settled by a previous Division Bench in 2003.

--IANS

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