PIL Filed Before Delhi HC Seeking Directions To Law Commission To Prepare Report On Uniform Judicial Code

A Public Interest Litigation has been filed before the Delhi High Court seeking directions to the Law Commission of India to prepare a report on Uniform Judicial Code in order to make judicial terms, abbreviations, norms phrases, court fee structure and case registration process uniform.

Petitioner-Ashwini Kumar Upadhyay stated that the cause of action accrued when the petitioner compared the judicial terms, abbreviations, norms phrases, court fee and case registration process used in the Delhi High Court and Allahabad High Court and found huge difference in judicial terms, phrases, abbreviations, court fee and case registration process.

The petition read thus “It must be noted that judicial equality is a matter of constitutional right, its differentiation based on the jurisdiction of courts violates the Right to Equality enshrined under Article 14…”

The petitioner has pointed out that the differences in terminologies exist not only in the High Courts of several States but also within the Benches.

“The Bombay High Court exercises jurisdiction over Maharashtra, Daman & Diu, Goa and Dadra and Nagar Haveli. The principal bench is in Bombay and its benches are in Aurangabad, Nagpur and Panaji. Petitioner compares the representation of ‘Case types’ in the other 03 benches with respect to the Principal Bench and found that they use different terminologies for a particular case type which is clearly uncalled for and projects a set of concern in identification for advocates practicing before these benches.”, the petitioner averred.

The petitioner also stated that there is a huge difference in court fees for matters of the same valuation in different states. The petitioner contended that different states and high courts are seeking different amounts of court fees for matters of similar type and equal valuation.

“…it is to be noted that the court fees charged for transfer application in PHHC is Rs. 2.65, whereas, for the same transfer application, court fees of Rs. 10.00 are charged in other courts. Also, for Company Petition Rs. 35/- is charged as ordinary fees and Rs. 1300/- is charged as winding-up Court fees in Himachal High Court, whereas, for the same company Petition Rs. 13 and Company Petition (s) (Winding-Up) CP Rs. 260 is payable as court fees in PHHC.”, the plea reads.

Thus the petitioner has prayed for directions to Law Commission of India to prepare a comprehensive report on Uniform Judicial Code in consultation with the High Courts.

In the alternate, the petitioner has also prayed to direct the Law Ministry to take appropriate steps to prepare a comprehensive report on Uniform Judicial Code in consultation with the High Courts in order to make judicial terms, abbreviations, norms, judicial phrases, court fee structure and case registration process uniform.

The petitioner also suggested the Court to constitute an Expert Committee to prepare a comprehensive report on Uniform Judicial Code in consultation with the High Courts in order to make judicial terms, abbreviations, norms phrases, court fee structure and case registration process uniform.

Cause Title- Ashwini Kumar Upadhyay v. Union Of India & Others