Report No. 189
It is not felt necessary to multiply the instances of developments in foreign jurisdictions in relation to the move away from full costs recovery. It can safely be concluded that both in the common law jurisdictions or the civil law jurisdictions, the trend is to find funds for meeting the costs of administration of justice through general appropriations and Central/State government funding and not through the device of increase in user fees.
It is next proposed to examine the other premise on which the view of the Standing Committee of Secretaries, as expressed in its letter dated 19.7.2002 is based (this letter has been referred to in the first chapter). This premise is that "there is a need to build financial disincentives in the legal system so as to discourage vexatious litigation." Whether there is such a need and if so whether increasing court fees is the answer thereto will be taken up in the next chapter.