A writ petition was filed in the High Court on Sunday challenging the constitutional validity of the Village Courts Act, 2006, seeking a declaration that the law is void.
Supreme Court Advocate Ishrat Hasan submitted the petition to the relevant bench, arguing that the existing village court system is unconstitutional.
The writ states that granting judicial powers to Union Parishad chairmen and members violates Article 22 of the Constitution, which mandates the separation of the judiciary from the executive and guarantees judicial independence.
It further argues that allowing politically elected representatives to adjudicate criminal and civil matters undermines the fundamental structure of justice.
The petitioner also contends that the Act contravenes Article 35(3) of the Constitution, which ensures every citizen the right to a fair trial in an independent and impartial court.
According to the petition, the constitutional guarantee of justice is hampered because village courts lack trained judges, do not fully apply procedural and evidentiary laws and offer limited scope for lawyer participation.
The writ also claims that creating a separate justice system based on geography violates the right to equality before the law as protected under Articles 27 and 31 of the Constitution.
The petitioner has sought a rule asking why the Village Courts Act, 2006 should not be declared unconstitutional in light of Articles 7, 22, 27, 31, 33, 35, 109 and 116A of the Constitution.
