Gram Nyayalayas Act, 2008

At a Glance

• What it is Village-level courts bringing justice to the doorstep
• Act Gram Nyayalayas Act, 2008
• Status Court of Judicial Magistrate of the first class
• Basis Law Commission’s 114th Report
• Exam link UPSC Prelims, Polity: Subordinate Courts

Where Does It Fit?

This is the last topic of the category on Subordinate Courts. The Gram Nyayalayas Act, 2008 provides for Gram Nyayalayas at the grass-roots level so that citizens have access to justice at their doorsteps and no one is denied justice because of social, economic or other disabilities.

Reasons for Establishment

While introducing the Bill, the Government gave four reasons. Access to justice by the poor and disadvantaged remains a worldwide problem, and in India Article 39A directs the State to ensure that the legal system promotes justice on the basis of equal opportunity and to provide free legal aid. The Government had already strengthened the judicial system by simplifying procedural laws, adding ADR mechanisms such as arbitration, conciliation and mediation, and holding Lok Adalats. The Law Commission of India, in its 114th Report on Gram Nyayalaya, suggested these courts so that speedy, inexpensive and substantial justice could be provided to the common man, and the 2008 Act is broadly based on its recommendations. And justice to the poor at their doorstep has long been a dream, which Gram Nyayalayas in rural areas would help realise.

Salient Features

1. A Gram Nyayalaya is a court of Judicial Magistrate of the first class, and its presiding officer, the Nyayadhikari, is appointed by the State Government in consultation with the High Court.
2. It is established for every Panchayat at intermediate level, or a group of contiguous Panchayats at intermediate level in a district, or, where there is no intermediate Panchayat, for a group of contiguous Panchayats.
3. The Nyayadhikaris are strictly judicial officers with the same salary and powers as first class magistrates under High Courts.
4. It is a mobile court exercising the powers of both criminal and civil courts, with its seat at the headquarters of the intermediate Panchayat, going to villages to dispose of cases.
5. It tries criminal cases, civil suits, claims and disputes specified in the First and Second Schedules to the Act, which the Central and State Governments can amend according to their legislative competence.
6. It follows summary procedure in criminal trials and exercises powers of a civil court with modifications and special procedure.
7. It tries to settle disputes by conciliation, using conciliators.
8. Its judgment and order is deemed a decree, executed by summary procedure.
9. It is not bound by the Indian Evidence Act, 1872, but guided by natural justice and High Court rules.
10. Appeals in criminal cases lie to the Court of Session and in civil cases to the District Court, to be disposed of within six months.
11. An accused may file an application for plea bargaining.

Establishment and Practical Issues

It is for the State Governments to establish Gram Nyayalayas in consultation with the High Courts, but the Act does not make setting them up mandatory. A majority of states have set up regular courts at the taluka level. Other issues indicated by states include the reluctance of police officials and other state functionaries to invoke the jurisdiction of Gram Nyayalayas, lukewarm response of the Bar, non-availability of notaries and stamp vendors, and the problem of concurrent jurisdiction of regular courts. The issues were discussed in the Conference of Chief Justices of High Courts and Chief Ministers in April 2013, which decided that the State Government and High Court should decide the question of establishment wherever feasible, taking local problems into account, with the focus on talukas where regular courts have not been set up.

Related Special Courts

Why Is This Topic Important?

• Statutory courts Acts and features are asked
• Link to Article 39A Access to justice
• Practical limits Why they are not widespread

What Came Next?

The next category covers the State Legislature, beginning with its composition.

Key People and Terms

• Nyayadhikari Presiding officer of a Gram Nyayalaya
• Summary procedure Simplified trial
• Plea bargaining Admission for a lighter sentence
• Intermediate Panchayat Block-level Panchayat
• Conciliation Settlement through mediation

Exam Corner

Mains Angle

Questions on this topic usually ask about the working of rural justice. Use these points to add depth.

• Access to justice Article 39A
• Mobile courts Taking justice to villages
• Implementation gaps Reluctance and lack of facilities
• Alternatives Lok Adalats and Nyaya Panchayats