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DHCBA Moves HC Against Judges’ Committee Examining Proposal To Raise District Courts’ Pecuniary Jurisdiction

DHCBA Moves HC Against Judges’ Committee Examining Proposal To Raise District Courts’ Pecuniary Jurisdiction

Pecuniary jurisdiction challenge Delhi

The Delhi High Court Bar Association (DHCBA) has moved the Delhi High Court challenging the constitution of a committee of judges tasked with examining the proposal to enhance the pecuniary jurisdiction of Delhi’s district courts from ₹2 crore to ₹20 crore, contending that such an exercise falls exclusively within Parliament’s legislative domain.

The writ petition, filed by the DHCBA and its President Senior Advocate N. Hariharan, seeks quashing of the September 2, 2025 Full Court resolution authorising the Chief Justice to constitute the committee, as well as the committee’s subsequent constitution. The petition also seeks restraint on the committee from proceeding further or submitting any recommendation on the proposed jurisdictional enhancement.

The petition argues that the power to alter the pecuniary jurisdiction of the Delhi High Court and district courts flows from the Delhi High Court Act, 1966, and any modification can only be effected through parliamentary amendment. Relying on the Full Bench ruling in Geetika Panwar v Government of NCT of Delhi, the petition contends that even the Delhi Legislative Assembly lacked competence to alter the High Court’s pecuniary jurisdiction, making it impermissible for an administrative committee of judges to undertake such an exercise.

According to the petition, the process was triggered by a representation dated May 23, 2025 from the Coordination Committee of All District Courts Bar Associations to the Union Law Ministry seeking enhancement of district courts’ pecuniary jurisdiction to ₹20 crore. The DHCBA contends that despite the representation not being addressed to the High Court, the Full Court allegedly took suo motu cognisance and initiated the consultative process.

The Bar Association has further argued that the proposal lacks any prior institutional assessment of district courts’ infrastructure, judicial capacity, or case-handling readiness. It claims that if the threshold is raised to ₹20 crore, nearly 90% of the Delhi High Court’s original civil jurisdiction docket would be transferred to subordinate courts, including a substantial number of commercial and intellectual property matters.

The petition also raises concerns that shifting high-value commercial and IP disputes to district courts would dismantle specialised adjudicatory expertise built within the High Court, particularly after the creation of its Intellectual Property Division following the abolition of the Intellectual Property Appellate Board.

Calling the committee’s constitution unconstitutional and without jurisdiction, the DHCBA has sought urgent interim protection against further proceedings.