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The civil court's jurisdiction under Section 9 of the Civil Procedure Code, according to the plaintiffs, is a fundamental pillar of the independence of the judiciary which is a part of the basic structure of the Constitution. If such authority is allowed to be denuded by successive legislations that park judicial matters with fora controlled by the executive, it would go against the constitutional ethos that the country holds so dear, they lament.

The plaintiffs refer, in this context, to the judgment reported at (1993) 3 SCC 161 (Shiv Kumar Chadha v. Municipal Corporation of Delhi) which recognised that the civil court was the repository of all civil grievances for which no remedy may have been provided in different statutes. However, the judgment observed that there could be statutes "which in public interest affect even the common law rights or liability of the citizens, which were in the nature of existing rights", but does not touch upon the issue of judicial authority being weaned away from the judiciary that the plaintiffs stress on.