The Gauhati High Court has struck down the constitutional validity of Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment) in a significant ruling following a challenge raised by petitioner Prafulla Govinda Baruah against the State of Assam. The case brought attention to the disparity in court fees imposed for handling wills or letter of administration compared to other civil court proceedings.
Under the existing system, a hefty 7 per cent fee on the property value is levied for managing wills or letter of administration applications exceeding Rs 5 lakhs, without any upper limit, whereas fees for simple civil court cases are capped at Rs 11,000. This glaring discrepancy prompted concerns about discrimination and inconsistency in court fee structures across different legal matters.
During the hearing on May 8, 2024, advocates for the petitioner argued that testamentary proceedings are typically simpler and less time-consuming than other legal cases, rendering the high fees unjustifiable. They contended that such a fee regime contravened the equality principles enshrined in the Constitution of India.
In a meticulously reasoned judgment, Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair declared Article 11 of the Court Fees Act, 1870 (Assam Amendment) unconstitutional, citing its violation of Article 14 of the Constitution. The court emphasized the importance of establishing fair and consistent fees to ensure equitable access to justice for all.
This landmark decision not only serves the interests of the petitioner but also establishes a precedent for reviewing court fees nationwide. The judgment underscores the necessity for reasonable fees commensurate with the services provided, thereby eliminating financial barriers for individuals seeking legal remedies.
