Assam: Gauhati HC overturns constitutional validity of Court Fees Act, 1870

In a landmark ruling, the Gauhati High Court has overturned the constitutional validity of Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment) following a legal challenge brought forth by petitioner Prafulla Govinda Baruah against the State of Assam.

The case highlighted the disparity in court fees imposed for testamentary proceedings, such as wills or letter of administration, compared to other civil court matters.

Under the prevailing system, a substantial 7 per cent fee based on the property value is imposed for handling wills or letter of administration applications exceeding Rs 5 lakhs, without any upper limit, while fees for standard civil court cases are capped at Rs 11,000. This stark contrast raised concerns regarding discriminatory fee structures and inconsistencies across various legal proceedings.

During the proceedings on May 8, 2024, advocates representing the petitioner argued that testamentary proceedings are generally less complex and time-consuming than other legal cases, making the imposition of high fees unjustifiable. They asserted that such a fee framework violated the principles of equality 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 infringement upon Article 14 of the Constitution. The court underscored the importance of establishing fair and uniform fees to ensure equal access to justice for all citizens.

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