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Report No. 189

(a) Law on Court fees payable in the High Court & subordinate Courts

It is necessary to mention here that the entry relating to the 'administration of justice', was originally in Entry 3 of List II. But by virtue of the Constitution (Forty-Second) Amendment Act, 1976, the said entry has been shifted to List III with effect from 3.1.1977. Though administration of justice now falls under Entry 11A of List III, the subject of 'fees taken in any court', which may be said to be related to administration of justice, does not fall under List III in view of the explicit bar under Entry 47 of List III mentioned above. The effect of this Constitutional amendment still remains the same i.e. the power to legislate on matters of court fees remains in the competence of the State Legislatures, so far as the High Courts and Courts subordinate thereto are concerned.

Thus, as far as Parliament is concerned, under Art.246(1) read with Entry 77 of List I, it can enact a law relating to Court fees which is payable in Supreme Court, and under Art.246(4) read with Entry 3 of List II, it can enact a law for Court fees payable in other Courts situated in any Union Territory. But for High Courts and other subordinate Courts exercising jurisdiction in any State, laws relating to Court fees can only be made by the Legislature of State as per Art.246(3) read with Entry 3 of List II.

Revision of Court Fees Structure Back

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