Litigation fees should not divide rich and poor: President

February 9, 2019

Access to legal justice in India requires addressing litigation fee disparities, procedural delays, and legal representation barriers for underprivileged citizens. Former President Ram Nath Kovind emphasized these priorities during the launch of a legal tribute volume honoring Supreme Court Justice P.N. Bhagwati. The presidential address called for systemic judicial reforms to ensure equal justice across economic strata.

Addressing Litigation Fees and Economic Disparity

Speaking at a national book release event in New Delhi, President Ram Nath Kovind stressed that excessive litigation fees must not create a divide between wealthy litigants and economically disadvantaged citizens. Substantial legal expenses often prevent marginalized individuals from seeking court enforcement of their legal rights.

The President observed that frequent court adjournments impose an indirect tax on less well-off litigants. Tactical delays increase travel costs, lost wages, and legal representation fees, turning prolonged litigation into an unbearable burden for vulnerable families.

The Legacy of Public Interest Litigation (PIL)

The address highlighted Public Interest Litigation (PIL) as a major Indian innovation in global jurisprudence. Initiated under the leadership of former Chief Justice of India P.N. Bhagwati, PIL transformed judicial access by relaxing strict locus standi requirements for disadvantaged groups.

  • Equal Justice in Action: Justice Bhagwati conceptualized PIL as an instrument enabling public-spirited citizens to petition courts on behalf of marginalized communities.
  • Environmental Rights: Chief Justice Ranjan Gogoi noted that Justice Bhagwati helped pioneer Indian environmental jurisprudence by expanding Article 21 right to life to include clean environment rights.
  • Judicial Diversity: President Kovind emphasized that judicial appointments must continue to reflect India's social diversity and depth.

Book Launch: Law, Justice and Judicial Power

The occasion marked the release of the volume titled Law, Justice and Judicial Power: Justice P N Bhagwati's Approach. Chief Justice of India Ranjan Gogoi formally presented the first copy to President Kovind.

Reform AreaKey Concern HighlightedProposed Direction
Litigation CostProhibitive fees divide rich and poor litigantsExpand affordable legal aid and pro-bono representation
Case AdjournmentsFrequent delays act as a tax on poor citizensStrict case management and adjournment limits
Public Interest AccessPreserving PIL as an instrument for underprivilegedProtecting genuine PILs from commercial misuse

Photo credit: PTI

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