Court Rejects Advocates’ Plea Against Kerala’s Court Fee Increase
The Kerala High Court has dismissed a petition filed by the Kerala High Court Advocates’ Association (KHCAA) challenging the State government’s 2025 amendment to the Kerala Court Fees and Suits Valuation Act, 1959, which revised the court fee rates.
A Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji upheld the State’s authority to increase court fees, stating that the revision was justified due to inflation, the decline in the value of money, and the growing costs of judicial administration.
The Court pointed out that Kerala had not revised its court fees for over two decades. It accepted the State’s argument that there was a reasonable link between the amount collected through court fees and the expenditure required to run the justice system. “A mathematical precision is not needed. A broad correlation between the two is sufficient,” the Bench observed.
Court Rejects Constitutional Challenge
The Bench made it clear that a legitimate increase in court fees, backed by economic realities, does not violate the right to equality under Article 14 or the right to access to justice under Article 21 of the Constitution.
It also found that the petitioners had not provided enough evidence to show that the hike had made it impossible for ordinary citizens to approach courts. The judges said that broad or general claims could not be used to strike down a law on the grounds of arbitrariness.
The Court further dismissed the challenge to Section 73A of the Act, which exempts the government from paying court fees, noting that this provision had already been upheld by an earlier Division Bench.
Court Suggests Possible Relief for Disadvantaged Litigants
While upholding the amendment, the Court remarked that the State could consider granting full or partial exemptions for people from economically weaker or socially disadvantaged backgrounds. However, it left this decision to the discretion of the government.
Arguments Presented by KHCAA
The KHCAA had argued that the 2025 amendment was arbitrary, unreasonable, and excessive. According to the Association, the fee hike—ranging between 400% and 9,900%—would make access to justice unaffordable for common citizens.
They also criticised the introduction of ad valorem fees without an upper limit, especially in cases involving compensation for victims of crime. The petitioners claimed that this went against the recommendations of the Law Commission of India and the Kerala Law Reform Commission.
The bar body further argued that the government had not made any credible data or reports publicly available to justify the increase, even though the Finance Minister had cited inflation, infrastructure development, and welfare funds for advocates and clerks as reasons.
State Defends the Fee Hike
In its response, the State defended the amendment, explaining that the revision was based on comprehensive economic studies that considered multiple indicators.
According to the Report on Revision of Court Fees and Suit Valuation in Kerala, the value of the Indian Rupee had fallen sharply between 2003 and 2023. The exchange rate of the Rupee against the US Dollar had increased from ₹44.94 in 2002 to ₹85.10 by December 2024.
The State also highlighted that the fixed court fee rates had not been revised since 2003, even though Kerala’s per capita income had risen more than seven times in that period. Hence, the hike was necessary to keep pace with the changing economic environment and to ensure proper funding for the justice delivery system.
Conclusion
The Kerala High Court’s ruling reinforces the principle that economic realities can justify periodic revisions of court fees. While dismissing the petition, the Court also reminded the State that any such increase should not undermine access to justice for underprivileged sections.
The judgment strikes a balance between maintaining judicial infrastructure and ensuring that the cost of justice remains fair and reasonable for all.
