Kerala High Court Advocates' Association files PIL against hike in court fees

The Kerala High Court Advocates' Association (KHCAA) has filed a public interest litigation (PIL) before the Kerala High Court challenging the recent increase in court fees in the State [Kerala High Court Advocates' Association (KHCAA) v. State of Kerala & Ors.].Last year, the State government had constituted a five-member Committee headed by retired Kerala High Court judge Justice VK Mohanan to study and suggest proposals for the revision of court fees so that the Kerala Court Fees and Suits Valuation Act, 1959 (the Act) can be amended as needed. The revised fees were announced by Finance Minister KN Balagopal in his budget speech this year. The Kerala Finance Bill,2025 containing the new rates was passed by the Kerala Legislative Assembly on March 25. The changes announced in the budget speech came into effect on April 1..Last week, the KHCAA General Body unanimously approved the suggestion of President Yeshwant Shenoy to challenge the hike before the High Court..In its PIL filed today, KHCAA has contended that the increase in court fees and imposition of ad valorem fees without any upper limit is arbitrary, unreasonable and exorbitant.According to them, the increase ranges from 400 percent to 9,900 percent and would therefore, result in denial of access to justice for the common man. The same violates the Supreme Court's dictum on the cost of justice."The Hon’ble Supreme Court has on numerous occasions laid down that justice cannot be commodified and that cost relating to Administration of Justice must be met from the general revenue of the State. Increase in Court Fees can be made only if it is absolutely necessary in the public interest and the same must be shown," the PIL reads. The imposition of ad-valorem fees in the original act and later via the 2025 amendment without any upper limit even in matters relating to compensation for victims of crimes has been pointed out by the KHCAA as being particularly egregious."The barriers imposed for a victim are antithetical to rule of law and infringes upon the Fundamental Rights of the victims. The State cannot arbitrarily and unreasonably profit on the plight of the victims," it has been contended.KHCAA has also argued that the State government has acted against the recommendations of the Law Commission of India and the Kerala Law Reform Commission.While the Finance Minister cited inflation, infrastructure development and increasing advocate and advocate clerk welfare funds as reasons for the hike, no data or report to support the hikes are publicly available, KHCAA has contended. Therefore, the bar body has sought orders from the Court to strike down the amendment to Kerala Court Fees and Suit Valuation Act, 1959 by Kerala Finance Act, 2025 as unconstitutional. The petition has also assailed the provisions relating to ad-valorem court fees without an upper limit in the Kerala Court Fees and Suit Valuation Act, 1959 and the subsequent amendment made in 2025..KHCAA has also highlighted Section 73-A of the Kerala Court Fees and Suit Valuation Act which exempts the State government and its functionaries alone from paying court fees.According to KHCAA, the exemption granted to the State government, which is the biggest litigant in Kerala, is unconstitutional.KHCAA has, therefore, sought orders striking down Section 73A..KHCAA is being represented by Shinto Mathew Abraham, Arun Thomas, Karthika Maria, Veena Raveendran, Anil Sebastian Pulickel, Mathew Nevin Thomas, Kurian Antony Mathew, Leah Rachel Ninan, Karthik Rajagopal, Manasa Benny George, Aparnna S, Adeen Nazar, Arun Joseph Mahew and Noel Ninan.