The plea points out that judicial terms, abbreviations, norms, phrases, court fees and case registration processes are not uniform across the country: Delhi High court
BACKGROUND
A PIL (Public interest litigation) had been filled before the Delhi high court seeking a direction to the law commission of India to make a report on the Uniform Judicial Code To make judicial terms, abbreviations, norms, phrases, court fees and case registration processes are uniform across the country.
CONTENTION FROM THE PARTIES
“Unequal court fees in different states discriminate among citizens based on their place of birth and residence,”
BJP Leader Ashwini Kumar Upadhyay with the lawyer petitioner in this case, claims that when he compared the judicial words, acronyms, norms, phrases, court fees, and case registration procedures used by the Allahabad High Court and the Delhi High Court, he discovered significant variations. The argument cites instances of various terms employed by the Bombay High Court and Rajasthan High Court benches and claims that these led to misunderstandings. Upadhyay also draws attention to the disparities in court fees demanded cases with similar facts and values in other states, which harms citizens.
The plea further claims that courts are demanding separate court fees, which is against the rule of law and the right to justice, in addition to utilising different judicial terminology, phrases, and acronyms and adopting different norms and procedures for case registration.
PRAYER
- Order the Law Commission of India to prepare a thorough report on the Uniform Judicial Code in cooperation with the High Courts in order to standard judicial terminology, abbreviations, standards, phrases, court fee structures, and case registration procedures.
- Order the Law Ministry to take the necessary actions to prepare an in-depth report on the Uniform Judicial Code in conjunction with the High Courts.
- Establish an Expert Committee to work with the High Courts to create a thorough report on the Uniform Judicial Code.