AMENDMENT IN COURT FEES
ACT
The Government has
planned to set up a Committee under the Chairmanship of the Registrar
General of the Supreme Court of India to suggest a revised court
fees structure.
The fee payable in
High Courts and lower courts is regulated under the provisions
of the Court Fees Act, 1870.
The proposed Committee
will comprise two representatives of Department of Justice, one
representative from the Ministry of Finance, two members representing
Bar Council of India, Registrars General of High Courts of Gauhati,
Andhra Pradesh, Madras, Bombay, Calcutta, Punjab and Haryana,
Allahabad and Madhya Pradesh.
The Standing Committee
of Secretaries, while discussing various matters on economic reforms
also recommended revision of court fees structure. Besides, the
Supreme Courts in its recent judgement in All India Judges Association
Case held that it is for the States to increase the court fees
to cover cost of judicial administration. During arguments in
this case, it transpired that court fees could be increased on
writs and cases involving huge financial transactions especially
in tax or company matters. This could be suggested to the State
Governments for implementation in consultation with the respective
High Courts.
The Department of
Justice has also made a detailed reference in this regard to the
Department of Legal Affairs for taking up the matter with the
Law Commission to consider and report on the need to build financial
disincentives in the legal system so as to discourage vexatious
litigation.
