“Arbitrary, Unreasonable, Exorbitant & Exponential”: Kerala High Court Advocates Association Moves HC Challenging Court Fee Hike

The KHCAA has contested the amendments made to the Kerala Court Fees and Suit Valuation Act, 1959 (1959 Act), through the Kerala Finance Act, 2025 (the Act). The KHCAA argues that by “exponentially increasing the Court Fees by 400 to 9900 %,” the Act prevents access to justice for the common public.

“The Respondents have not cited any reason, objective or purpose for the steep increase in Court Fees and have acted completely against the recommendations of the Law Commission of India and the Kerala Law Reform Commission,” the KHCAA has submitted in the Petition filed through Advocate Shinto Mathew Abraham and 13 others.

The Petition also draws attention to Section 73-A of the 1959 Act, which, as per the KHCAA provides “an arbitrary, unreasonable, and unconstitutional blanket exemption to the State of Kerala and its functionaries alone from paying Court Fees.”

The KHCAA argues, “Court Fees have been hiked by 400 % to 9900 % even in matters relating to Writ Petitions seeking for enforcement of Fundamental Rights, Contempt Proceedings intimating about wilful disobedience of directions issued by the Courts, Criminal Justice Administration, etc. The actions of the Respondents amounts to taxing the litigants and the same is beyond the legislative competence of the State.”

Another ground of challenge was that Articles 38 and 39-A of the Constitution, which are Directive Principles of State Policy, specifically imposes a duty on the State of Kerala to “ensure that the operation of the legal system promotes justice and that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”

“The Respondent State does not have the legislative competence to tax the litigants. The only power granted to the State as per Constitution is to prescribe the fees taken in Courts under its territory. The current increase in Court Fees and imposition of Ad-Valorem fees without an upper limit amounts to taxing the litigant and the same is unconstitutional,” they further argue.

It is submitted that “the Amendment increasing the Court Fees and imposing Ad-Valorem fees without an upper limit came into force on 01-04-2025. Therefore, urgent intervention is required from this Hon’ble Court to stop the Respondent State from taxing the litigants and protect access to justice.”

Consequently, KHCAA has prayed before the High Court “To issue a Writ of Mandamus, Writ Order or Direction, declaring that the amendment to Kerala Court Fees and Suit Valuation Act, 1959 by Kerala Finance Act, 2025 is unconstitutional as it imposes unreasonable restrictions on the Fundamental Right of citizens to access the justice delivery system.”

Cause Title: Kerala High Court Advocates Association v. State of Kerala & Ors.