Delhi HC’s 2013 verdict on court fee included in Yale Law School’s international journal

The judgement penned in 2013 by Justice Gita Mittal had struck down The Court Fees (Delhi Amendment) Act 2012 after declaring it "invalid and ultra vires the Constitution".

By: PTI | New Delhi | Published:September 19, 2016 2:21 pm
delhi high court, Yale law school, Yale, The Court Fee, delhi HC, court fee, Global Constitutionalism 2015, Gruber Program, US Supreme Court, Yale law journal, Yale international law journal, Canada Supreme Court, Justice Gita Mittal, Delhi HC 2013 court fee verdict, European Court of Human Rights, Delhi High Court Bar Association, Subsidizing Courts: Waiving Fees and Funding Lawyers, Yale news, Delhi High Court news, education news, indian express The judgement penned in 2013 by Justice Gita Mittal had struck down The Court Fees (Delhi Amendment) Act 2012 after declaring it “invalid and ultra vires the Constitution”.

A landmark judgement of the Delhi High Court, which had struck down an 1870 law on court fees, has found place, along with four others from around the world, in a prestigious international journal published by the Yale Law School of the United States.

The judgement penned in 2013 by Justice Gita Mittal had struck down The Court Fees (Delhi Amendment) Act 2012 after declaring it “invalid and ultra vires the Constitution”.

The judge, who was heading the bench along with Justice J R Midha, had held that the Delhi Legislative Assembly did not have the legislative competence to amend the Court Fees Act, 1870 and had directed the government to refund the higher amount collected from litigants as the amendment came in 2012.

In its publication ‘Global Constitutionalism 2015’, which is part of the Gruber Program for global justice and human rights, the law school has incorporated the landmark judgement along with two from the European Court of Human Rights, one each from the Supreme Courts of the United States and Canada, a release said here.

The chapter ‘Subsidizing Courts: Waiving Fees and Funding Lawyers’ has made a significant reference to the judgment of the Delhi High Court by Justice Mittal in the case titled ‘Delhi High Court Bar Association vs. Government of National Capital Territory of Delhi’.

What Else Is Making News?

Elated over the development, Profr Upendra Baxi, a former Vice Chancellor of Delhi University and Emeritus Professor of the University of Warwick, said “this is a significant recognition of the contribution of the Indian judiciary to the global discourse on access to justice”.

“Justice Gita Mittal is an outstanding jurist and has contributed immensely towards the recognition of law as an instrument of social change,” he said.

Professor C Raj Kumar, Vice Chancellor of O P Jindal Global University, said in the Yale publication, a few selected judgments from global constitutional courts have been brought together for legal and jurisprudential advancements that they have made in relation to access to justice.

Read: How 57,000 plastic cups landed Delhi teen in Guinness Book of World Records

“It is indeed a rare recognition that the judgment of Justice Gita Mittal of the Delhi High Court has been included in this volume,” he said.

For more news on education, click here