Report No. 189

Revision of Court Fees Structure

Contents
Chapter I	Introduction
	The Reference
	Previous exercise
	The approach of the Law Commission
	Questions for Consideration
Chapter II	Right of Access to Justice I
	History of the Common Law right of 'access to justice'
	Likewise, Steyn LJ in R v. Secretary of State for Home Dept, ex p Leech: 1993
	International Human Rights Laws
	The position in India
	The Constitution and after
	Right to 'access to Courts' includes right to legal aid and engaging counsel
	Recommendation of the Commission for Review of the Constitution on right of access to justice
	Constitutional Courts and Judicial Review
	Public law and private law divide
	Public Interest Litigation
	Need for adequate number of Courts and financial support
	Court Fees
	Alternative Dispute Resolution and Plea Bargaining
Chapter III	Power of Parliament to Enact or Amend a Law Relating to The Court Fees Payable in High Courts And Subordinate Courts
	Legislative History of Court Fee in India
	Statement of Objects and Reasons of 1870 Act speaks of need for reduction of Court fee
	Legislative powers of Parliament and State Legislatures as to the making of law on Court-fees
	Powers of Parliament and State Legislatures
	List I (Union List)
	List II (State List)
	List III (Concurrent List)
(a)	Law on Court fees payable in the High Court & subordinate Courts
(b)	Law on Court fees payable in the Supreme Court
(c)	Law on Court fees payable in Courts in Union Territories
	High Courts for Union Territories
	The manner in which the Court-fee legislation was being amended from time to time
	States which have repealed the Court Fees Act, 1870 in their territories and enacted their own Court Fees Act
	Position of other States
	Manipur and Tripura
	Goa
	Arunachal Pradesh, Mizoram and Nagaland
	Jharkhand, Chattisgarh and Uttaranchal
	Sikkim
	Court Fees Act, 1870, as applicable in Union Territories
1.	Delhi
2.	Chandigarh
3.	Andaman and Nicobar Island
4.	Dadra and Nagar Haveli
5.	Daman and Diu
6.	Lakshadweep Island
7.	Pondicherry
Chapter IV	Can Court Fee Be Enhanced to Recover Cost of Administration of Justice? (Views of Commissions, Committees, Courts Etc.)
	Can Court Fee Be Enhanced to Recover Cost of Administration of Justice?
	Is court fee a fee or a tax?
	Access to justice cannot be for a price
	Law Commission's views
	Constitutional Provisions
	Criminal Justice is sovereign function: no Court fee is payable
	Civil Justice - collection of Court fee cannot impede access to justice
	Is it fair on the part of State to charge Court fee for judicial services?
	Judicial dicta
(a)	Views of the Supreme Court, the Law Commission and Judicial Pay Commission
(b)	Views of National Commission to Review the Working of the Constitution
(c)	Empirical Evidence that the Judiciary earns more than it spends
(d)	Views of the Adviser, Planning Commission - Dismal Allocation
(e)	Fast-tracking criminal cases
	Past recommendations for total abolition need reiteration
	Summation
Chapter V	Full Cost Recovery: An Anathema to The Concept of Access to Justice: The Experience in other Countries
	An Anathema to The Concept of Access to Justice: The Experience in other Countries
	The position in England
	Lord Chancellor's recent suggestion for full cost recovery criticized in England
	Again at para 3.2 it is stated
	The position in Australia
	U.S.A
	European jurisdictions
	Summation
Chapter VI	Whether There is a Need to Revise the Court fees Structure in order to Build Financial Disincentives to Discourage Vexatious Litigation
	Consistent view - court fee not to be increased as a disincentive to litigation
Chapter VII	Measures Available to Curb Frivolous or Vexatious Litigation
	Measures Available to Curb Frivolous or Vexatious Litigation
	Imposition of exemplary costs
	Enacting a separate legislation to curb vexatious litigation
Chapter VIII	Revision of Court Fees owing to The Devaluation of The Rupee
	Revision of Court Fees owing to The Devaluation of The Rupee
Chapter IX	Conclusions and Recommendations
	Conclusions and Recommendations
	Most of the other States have amended the Court Fees Act, 1870 in application to their States