Delays in access to justice are widely debated today. Crores of cases are pending in many courts of the country. Even though legal reforms are underway, the delay in the administration of justice is unbearable for ordinary litigants. Legal scholars, including senior judges, are vocal about this in public forums. However, legal hurdles continue to push the lawsuits forward for longer periods of time. Even decades-old cases are pending in most courts. It becomes clear how far justice is for the common people when the sad stories of unfortunate people who spend decades in jail waiting for trial without getting legal help from anyone come out through the media.

With the move to increase court fees along with the delay in litigation, people will have to find extra funds for court services. The recommendation of the expert committee chaired by retired Justice VK Mohanan, which studied the matter and submitted a report to the government, is to increase all types of court fees by five percent. At present, the government has to spend Rs 1248 crore while it receives only Rs 125 crore in various fees from the courts. The Judiciary does not receive adequate support from the central government to run it either. It is in this context that it is recommended to increase all kinds of court fees to ease the burden on the state government at least a little. The committee recommended that a new fee should be introduced for all the cases where the fee is not applicable till now, such as all land acquisition-related compensation cases, anticipatory bail applications, adjournment applications etc. It is also recommended to levy a fixed rate of additional amount as court fee if additional compensation is required for the land acquired for public purposes. The fee hike will come into effect once the government takes a decision on the recommendation. The previous court fee hike was in 2003. Fees will be applicable for many things which were not applicable then.

Court fees are only a fraction of what citizens have to spend on litigation. The lion's share of the cost is spent on other types of court costs. A major portion of this will have to be paid in legal fees. There is no limit on this. Although there are mechanisms in place to help those who are unable to seek the services of lawyers on their own, the majority of people prefer to litigate their cases through their own lawyers.

The cost of litigation can be significantly reduced if there is a mechanism for resolving the petitions within a certain period of time. Speedy justice remains a dream as there is no such situation in the country. People will have to resort to the courts if the need arises whether the court fee rates are increased or not. The government's profit and loss account has no relevance there. It is the responsibility of the government to provide all the necessary facilities for the smooth functioning of the courts. There is no need for the government, which spends money on administration without a second thought, to cut 'losses' by increasing court fees.