Case Note & Summary
The Division Bench of the High Court of Karnataka at Bengaluru, comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, heard a writ appeal and a writ petition together. The writ appeal, WA No. 200260/2025, was filed by Babu Rao and Gurulingappa challenging the judgment dated 24.09.2025 of a single judge in WP No. 201536/2024. The single judge had partly allowed the petition, upholding the constitutional validity of the Karnataka Civil Courts (Amendment) Act, 2023 and Karnataka High Court (Amendment) Act, 2023 but striking down the retrospective effect given to the amendments from 28.08.2007, holding them to operate prospectively. The single judge also directed that pending regular first appeals be transferred to the competent district courts. The writ petition, WP No. 17588/2024, filed by Smt. Narayanamma, also sought to have the impugned legislations declared unconstitutional. By an order dated 03.07.2024, the operation of the impugned legislations was stayed in that petition. Later, another single judge, by order dated 19.11.2025, expressed reservations about the correctness of the co-ordinate bench's decision, formulated points for reference to a larger bench, and referred the matter for posting before a larger bench, resulting in the writ petition being tagged with the writ appeal. The impugned legislations were published on 19.06.2024 and amended the Karnataka Civil Courts Act, 1964, altering the pecuniary jurisdiction and forum of appeal. The appellants were aggrieved because their pending regular first appeals against decrees in suits were liable to be transferred from the High Court to the district courts by virtue of the amendments. The Division Bench heard arguments from the appellants, the petitioner, and the State of Karnataka. The judgment, reserved and pronounced on 08.07.2026, addressed multiple issues: scope of judicial review and legislative competence, lack of consultation, rationale for the legislation, legislative wisdom not amenable to judicial review, retrospectivity, forum of appeal as a matter of procedural law, express retrospective operation under Section 4 of the Civil Courts Amendment Act, rule of purposive interpretation, retrospective operation of Section 4 excluding prior proceedings, doctrine of reading down, discrimination, and an order dated 24.06.2024. The available text of the judgment does not contain the final operative part or the court's conclusions on the merits of the appeal and petition.
Issue of Consideration
Constitutional validity of the Karnataka Civil Courts (Amendment) Act, 2023 and Karnataka High Court (Amendment) Act, 2023, including issues of retrospectivity, discrimination, and legislative procedure
Law Points
- legislative competence
- retrospectivity
- procedural law
- forum of appeal
- purposive interpretation
- reading down
- discrimination
- constitutional validity
Case Details
2026 LawText (KAR) (07) 16
WP No. 17588 of 2024 (GM-RES) c/w WA No. 200260 of 2025 (GM-RES)
Vibhu Bakhru, C.M. Poonacha
K.N. Phanindra, Vivek Reddy, D.R. Ravishankar, Rohith R. Kumar (for petitioner in WP 17588/2024); Ameetkumar Deshpande, Ameet J. Hatti (for appellants in WA 200260/2025); Kiran V. Ron, Niloufer Akbar (for respondent State)
Smt. Narayanamma (Petitioner in WP 17588/2024), Babu Rao, Gurulingappa (Appellants in WA 200260/2025)
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Nature of Litigation
Challenge to constitutional validity of amendments to Karnataka civil courts and high court legislation altering pecuniary jurisdiction and appellate forum
Remedy Sought
Petitioner and appellants sought declaration that the Karnataka Civil Courts (Amendment) Act, 2023 and Karnataka High Court (Amendment) Act, 2023 are unconstitutional and void, and to nullify the amendments
Filing Reason
Appellants' pending regular first appeals were to be transferred from High Court to District Court due to the amendments, and they were aggrieved by the retrospective effect and possible discrimination
Previous Decisions
A single judge of the High Court in WP No. 201536/2024 partly allowed the petition, striking down the retrospective effect from 28.08.2007, upholding validity, and directing transfer of pending appeals. Another single judge in WP No. 17588/2024 had stayed the operation of the impugned legislations and later referred the matter to a larger bench.
Issues
Constitutional validity of the Karnataka Civil Courts (Amendment) Act, 2023 and Karnataka High Court (Amendment) Act, 2023
Whether the retrospective effect given to the amendments is valid
Whether the amendments violate Article 14 (discrimination)
Whether lack of consultation affects validity
Whether the legislation falls within state's legislative competence
Judgment Excerpts
The Civil Courts Amendment Act and the High Court Amendment Act were published in the Karnataka Gazette (Extraordinary) on 19.06.2024.
Whilst the learned Single Judge upheld the constitutional validity of the impugned legislations, the retrospective effect given to the amendments to the Karnataka Civil Courts Act, 1964 with effect from 28.08.2007 was set aside and the said amendments were held to operate prospectively.
Procedural History
Appellant No.1 filed WP No. 201536/2024 challenging the impugned legislations before the Kalaburagi Bench. Single judge partly allowed the petition on 24.09.2025, striking down retrospective effect but upholding validity and directing transfer of pending appeals. Appellant No.1 filed WA No. 200260/2025 against that order. Appellant No.2 was impleaded. Meanwhile, Smt. Narayanamma filed WP No. 17588/2024 also challenging the legislations. An interim stay was granted on 03.07.2024. Another single judge, by order dated 19.11.2025, referred the question to a larger bench, and the writ petition was tagged with the writ appeal. Both matters were heard together by the Division Bench, which reserved judgment and pronounced it on 08.07.2026.
Acts & Sections
- Karnataka Civil Courts Act, 1964: 17, 19
- Karnataka High Court (Amendment) Act, 2023:
- Karnataka High Court Act, 1961: 4
