Karnataka High Court Upholds Laws Shifting First Appeals to District Courts
The Karnataka High Court has upheld the validity of the Civil Courts Amendment Act and the High Court Amendment Act, confirming the transfer of Regular First Appeals (RFAs) from the High Court to competent district courts. The decision was delivered by a division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha at the Principal Bench in Bengaluru.
Under the upheld amendments, which took effect on June 19, 2024, the High Court is divested of its jurisdiction to entertain RFAs, shifting this responsibility to district courts with retrospective effect. As a result, no RFAs will be entertained at the Principal Bench in Bengaluru, except for those arising from the Bengaluru City Civil Court.
For cases originating from the Bengaluru City Civil Court, RFAs pending before the division bench as of June 19, 2024, will be transferred to a single judge, irrespective of their pecuniary value. Meanwhile, all pending RFAs before single or division benches in Dharwad and Kalaburagi will be transferred to their respective district courts. The only exceptions are matters where final or interim orders have already been passed, or cases that have been concluded and disposed of.
The legal challenge against the amendments argued that the state legislature enacted the laws without consulting the High Court on the administrative side. Opponents also claimed the change would overburden the district judiciary.
In response, the state government argued that the amendments were introduced following observations made by the High Court in the Thirakavva and another vs Ratnavva case. In that case, the court highlighted an alarming backlog of RFAs and suggested they be adjudicated by district courts. Following this, draft legislations were prepared and an opinion was sought from the Law Commission of Karnataka.
The division bench ruled that there is no constitutional or statutory requirement for prior consultation with the High Court before enacting such laws. The bench also clarified the distinction between Senior Civil Judges in districts and the judges functioning under the Bangalore City Civil Court Act, 1979, noting that the latter are in the cadre of District Judges who exercise original jurisdiction.
