The Kerala High Court Advocates’ Association (KHCAA) has filed a Public Interest Litigation (PIL) before the Kerala High Court, opposing the sudden and steep rise in court fees that was introduced through an amendment to the Kerala Court Fees and Suit Valuation Act.
This amendment came via the Kerala Finance Act, and according to the KHCAA, the changes are not just steep but also arbitrary in nature. The Association has strongly objected to the new imposition of Ad-Valorem fees without setting any upper limit, raising concerns over how this would affect public access to the justice system.
"The increase in Court Fees is in the range of 400% to 9900%, making it impossible for the common man to afford legal remedies," the petition highlights.
The KHCAA further pointed out that no proper justification or objective explanation was provided by the state government for such a sharp hike in the court fee structure. The bar association stressed that this goes completely against the recommendations made by both the Law Commission of India and the Kerala Law Reform Commission.
"The State has acted in complete disregard of the expert bodies’ recommendations, which clearly warned against such hikes that would restrict access to justice," the petition stated.
The petition underlines the fact that access to courts and legal remedies is a constitutional right, and any move that limits or blocks this right—especially for economically weaker sections—violates the principles of natural justice and equality before law.
The KHCAA emphasized that justice must remain affordable and accessible to everyone, especially in a country like India where many citizens already struggle with legal expenses. By introducing unchecked Ad-Valorem court fees, the law risks becoming a privilege of the rich, leaving out those who genuinely need help from the legal system.
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"Justice cannot become a luxury. The common man must not be priced out of the courtroom," the KHCAA said in its PIL.
Case title: KERALA HIGH COURT ADVOCATES ASSOCIATION (KHCAA) v/s STATE OF KERALA & OTHER