Karnataka High Court Rules on Amendments to Civil and High Court Acts

Retrospective Effect of Amendments Set Aside, Prospective Application Upheld

In a significant judgment dated September 24, 2025, the Karnataka High Court, Kalaburagi Bench, presided over by Mr. Justice M.I. Arun, delivered its verdict on the contentious amendments to the Karnataka Civil Courts Act, 1964, and the Karnataka High Court Act, 1961. The court was tasked with examining the constitutional validity and retrospective application of these amendments introduced in 2023.

The writ petition, filed by Baburao against the State of Karnataka, challenged the amendments on grounds of constitutional validity and the retrospective effect, which had been applied from August 28, 2007. The petitioner's legal team, led by Senior Advocate Sri. Ameeth Kumar Deshpande, argued that the retrospective application was arbitrary, unreasonable, and violated Article 14 of the Constitution of India, creating absurdities and nullifying cases already decided under the former legal framework.

In its decision, the court upheld the amendments in principle but struck down the retrospective application. The court found that applying the amendments retrospectively led to absurd consequences and was inconsistent with legislative objectives, thus deeming it arbitrary and unreasonable. Justice Arun emphasized the necessity of a harmonious construction of legislative intent, aligning with principles of statutory interpretation recognized by the Supreme Court of India.

The amendments to the Karnataka Civil Courts Act, 2023, intended to streamline the judicial process by transferring certain appeal jurisdictions to the District Courts and allowing Single Judges to hear first appeals in the High Court, were seen as valid legislative measures to reduce pendency and expedite judicial proceedings.

However, the retrospective effect was a major point of contention. The court noted that the State Government's subsequent notification attempted to mitigate this by prospectively applying the amendments, effective from June 19, 2024. Despite this, the court held that any such change required legislative action rather than administrative notification.

The judgment clarifies that all amendments will now apply prospectively, safeguarding judgments rendered under the previous legal regime and ensuring that pending appeals are processed under the new framework without affecting past decisions.

This ruling underscores the court's role in ensuring legislative amendments align with constitutional principles and procedural fairness, marking a significant precedent in the interpretation of retrospective legislation.

Bottom Line:

Constitutional validity and applicability of amendments to the Karnataka Civil Courts Act, 1964 and Karnataka High Court Act, 1961, particularly concerning retrospective effect and transfer of appeals. 

Statutory provision(s): Karnataka Civil Courts (Amendment) Act, 2023, Karnataka High Court (Amendment) Act, 2023, Article 14 of the Constitution of India, Sections 17 and 19 of the Karnataka Civil Courts Act, 1964, Sections 2 and 5 of the Karnataka High Court Act, 1961.

Baburao v. State of Karnataka, (Karnataka)(Kalaburagi Bench) : Law Finder Doc Id # 2788488