Safiya Malik

The Kerala government has proposed a revision of court fees after 20 years, as announced by State Finance Minister KN Balagopal in his Budget 2025-26 speech on Friday. The revision is expected to generate an additional revenue of ₹150 crores.

Last year, the government constituted a five-member committee headed by retired Kerala High Court judge Justice VK Mohanan to study and recommend revisions to the Kerala Court Fees and Suits Valuation Act, 1959. The committee held sittings at various locations, sought input from advocates, advocate clerks, and other stakeholders, and submitted its final report to the government.

The finance minister stated in his budget speech that the proposed revision considers inflation, judicial infrastructure requirements, and demands to enhance benefits under the Advocate Welfare Funds and Advocate Clerks Welfare Funds. Based on the committee’s recommendations, the government intends to amend the Kerala Court Fees and Suits Valuation Act, 1959.

The government has proposed fee revisions across various categories of petitions, suits, and legal applications, including the following:

Criminal and Civil Petition Fees

• Petitions to take possession of secured assets under the SARFAESI Act – ₹1,000

• Bail and anticipatory bail applications filed under the Bharatiya Nagarik Suraksha Sanhita, 2023, before the High Court – ₹500

• Bail application before Sessions Court – ₹200; anticipatory bail application before Sessions Court – ₹250 (half of fixed court fee for each subsequent petition)

• Bail applications before other courts – ₹50 per petitioner, subject to a maximum of ₹250

Property and Land Disputes

• Suits for possession under the Specific Relief Act, 1877 (Section 29) – one-third of market value or ₹10,000, whichever is higher

• Suits for possession of immovable property not otherwise provided (Section 30) – market value or ₹20,000, whichever is higher

• Partition suits (Section 37) – ₹500 (Munsiff Court), ₹2,000 (Sub Court/District Court)

• Suits relating to easements (Section 31) – ₹5,000 or claim amount, whichever is higher

• Suits under the Survey and Boundaries Act (Section 45) – up to ₹5,000, subject to existing provisions

Election Petition Fees

• Challenging election of a Panchayat Member – ₹250

• Challenging election of Panchayat President or Vice-President – ₹500 - ₹2,500

• Election petitions in respect of MLAs/MPs – ₹1,250

Commercial, Arbitration and Special Cases

• Arbitration cases before Kerala High Court – ₹1,000

• Execution of foreign awards – one percent of claim amount (up to ₹1 lakh), 0.5 percent (₹1 lakh to ₹1 crore), 0.25 percent (above ₹1 crore, max ₹50,000).

• Legal Benefit Fund levy on petitions under the Arbitration and Conciliation Act – 0.5 percent of award amount

Fee Exemption and Social Welfare Provision

• Habeas Corpus and Public Interest Litigations before Kerala High Court to be exempted from court fees

• Court fee relaxations for women and transgender persons under government consideration

• Increase in income eligibility limit for special provisions under Section 74 (Registered Trade Unions, SC/ST litigants) – raised to ₹3 lakh, with claim limit up to ₹10 lakh

In 2024, the government implemented a revision of court fees for family court cases and matters under the Negotiable Instruments Act based on the interim report of the committee. These revisions have been challenged, and the petitions are currently pending before the High Court. The Bar Council of Kerala and the Kerala High Court Advocates' Association have strongly opposed the changes.

Following this, the committee organized public hearings and invited feedback from various stakeholders before finalizing and submitting its report last month.

During the budget presentation, the finance minister stated that along with the proposed revisions, the committee suggested further modifications in court fees for cases under laws such as the Kerala Cooperative Societies Act, 1969, Kerala Building (Lease and Rent Control) Rules, the Administrative Tribunal Act, 1985, the Consumer Protection Act, 2019, and the Kerala Local Self Government Institutions Rules, 1999. It also proposed certain relaxations in court fees for women and transgender persons.

The government may examine these recommendations and take appropriate measures accordingly.