Wednesday was a day of relief for the common appellants, as the Delhi High Court smashed the increased court fees that were implemented by the state government in the year 2012. This Delhi Amendment Act of 2012 resulted in court fees hike including every legal board.
In the court proceeding, Justice J R Midha along with Justice Geeta Mittal, annulled the Delhi State Government’s resolution of increasing the court fees based on the appeal of the Delhi High Court Bar Association. According to the Division Bench comprising both the Justices, the State government did not have the authority to act upon this revision of court fees.
The Bar Association had contested the enhanced fees arguing that the state government lacked the legislative power over the legal matters. According to them, the Central Government is their ruling authority and they are not liable to the Delhi State Government.
The State government fortified this increased court fees as the reason to encourage the e-Court plan in Delhi. They further claimed that the implementation of these rates was solely based on the orders and directions of the High Court. However, the Association considered it an intrusion of the State into their legal procedures.
Delhi High Court brings an end to the hike of court fees
The special Division Bench came with the decision that the implementation of these high rates was resulting in the contravention of articles 38 and 39A of the Indian Constitution. Along with it, these new rates are negatively affecting the rights under part -3 of the constitution.
The Court asked the government to “refund the court fees” of the litigants that was charged when this 2012 Act came into existence (the refund should be from this period till its obliteration), and overruled their power to alter the Court Fees Act, 1870. With this, the Bench announced the 2012 Delhi Amendment Act as “invalid” and is not in accordance with the Constitution laws. These two desecration factors led to the abolition of the Amendment Act and finally, brought a sigh of relief to all the appellants, in conjunction with the Bar Association’s victory over the State government.