Bangalore: The Karnataka high court has upheld the constitutional validity of the Karnataka Civil Courts (Amendment) Act, 2023 and the Karnataka High Court (Amendment) Act, 2023. The ruling confirms that Regular First Appeals (RFAs) against decrees passed by Senior Civil Judges will now be heard by District Courts instead of the High Court, while protecting judgments already delivered before the amendments.
Details of Karnataka High Court First Appeals Against Senior Civil Judge Transfer Rule
A Division Bench headed by Chief Justice Vibhu Bakhru and Justice C.M. Poonacha upheld the constitutional validity of the amendments introduced by the Karnataka Legislature. The Court ruled that changing the forum where appeals are heard is a matter of procedural law, not a vested legal right. Therefore, the legislature has the authority to change the appellate forum.
What Changed Under the Law
The amendments transfer jurisdiction over Regular First Appeals arising from decrees of Senior Civil Judges from the Karnataka High Court to the respective District Courts. The reforms were introduced to reduce the High Court’s workload and speed up the disposal of civil appeals across Karnataka.
Court Protects Earlier High Court Judgments
While upholding the law, the Bench clarified that the retrospective effect of the amendments cannot invalidate judgments and final orders already passed by the High Court. Only appeals that are still pending will continue before the District Courts from the stage at which they were transferred. Previous decisions of the High Court will remain valid.
Why the Court Rejected the Challenge
The petitioners argued that:
- The amendments were arbitrary.
- The High Court was not consulted before the law was enacted.
- The law violated Article 14 of the Constitution.
The Bench rejected these arguments. It held that the State Legislature had the constitutional power to enact the amendments and that any classification created by the law was reasonable and legally valid.
First Appeals Against Senior Civil Judge Transfer Rule: Effect on Pending Appeals
The Court said all pending Regular First Appeals covered by the amendments will now continue before the competent District Courts. Proceedings already conducted before the High Court will remain valid and the transferred appeals will continue from the same procedural stage without restarting the case.
Background of the Case
The amendments also increased the pecuniary jurisdiction of Civil Judges from ₹5 lakh to ₹10 lakh. They were introduced after concerns over the growing number of pending civil appeals before the Karnataka High Court. The judgment was delivered in Babu Rao v. State of Karnataka & Narayanamma v. State of Karnataka, providing clarity on the implementation of the 2023 amendments.
Read also: Explained: Why Karnataka High Court Said Singing Full ‘Vande Mataram’ in Schools Is Not Compulsory
