Karnataka High Court: Karnataka Law Strips Appeal Powers

• The Karnataka government's 2023 amendments stripped the High Court of first-appeal powers.
• Women litigants in property disputes are left with almost no realistic remedy, forcing them to approach the Supreme Court under Article 136.
• The changes have created a procedural muddle over which court should hear certain appeals.
• Justice Nagarathna has appealed to the state government and Advocate General to correct the position and repeal these provisions.

How many women in Karnataka can approach the Supreme Court? The cost, distance, and complexity that make the apex court accessible to very few.

The Karnataka government's 2023 amendments to its civil and high court laws have stripped the High Court of first-appeal powers, leaving litigants with limited options. The changes were brought in under Chief Minister Siddaramaiah's Congress government, passed by the Karnataka legislature in December 2023. According to Justice B.V. Nagarathna, this has left women litigants with almost no realistic remedy in property disputes, forcing them to approach the Supreme Court under Article 136. The cost, distance, and complexity of accessing the apex court make it inaccessible to many women in Karnataka.

The amendments were made through the Karnataka Civil Courts (Amendment) Act, 2023 and the Karnataka High Court (Amendment) Act, 2023. These laws have altered the jurisdiction of the High Court, making it no longer competent to hear regular first appeals. Instead, a judgment and decree passed by a Civil Judge, Senior Division, is now appealable before a District Court. This has created a procedural muddle over which court should hear certain appeals, leaving it unclear which forum has jurisdiction once proceedings on the same decree are split across forums.

The stripping of the High Court's appeal powers has significant implications for litigants in Karnataka. Justice Nagarathna warned that this change disadvantages women litigants and even men litigants in the state, making it more difficult for them to access justice. The amendments have also raised questions about the independence of the High Court and its ability to decide matters independently. A repeal of these provisions would not only benefit women but also men litigants, ensuring that they have a fair and accessible remedy.

Lawyers advising clients in Karnataka on property disputes should be aware that the state's 2023 amendments to its civil and high court laws have stripped the High Court of first-appeal powers, leaving litigants with limited options and potentially lengthy and costly Supreme Court proceedings.

Source: Original reporting via [Source]