Guwahati, 15th May: In a landmark ruling, the Gauhati High Court has invalidated Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment) following a legal challenge by petitioner Prafulla Govinda Baruah against the State of Assam.
The case centered on the disparity in court fees imposed for testamentary proceedings, such as wills or letters of administration, compared to other civil court matters. Under the existing system, a substantial 7 percent fee based on the property value is charged for wills or letters of administration applications exceeding Rs 5 lakhs, without any upper limit. In contrast, fees for standard civil court cases are capped at Rs 11,000. This significant difference raised concerns about discriminatory fee structures and inconsistencies across various legal proceedings.
During the proceedings on May 8, 2024, advocates for 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 this 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 emphasized the need for fair and uniform fees to ensure equal access to justice for all citizens.