International Journal of Academic Research and Development

International Journal of Academic Research and Development

ISSN: 2455-4197, Impact Factor: RJIF 5.22
www.academicsjournal.com
Volume 2; Issue 3; May 2017; Page No. 219-230

Gram Nyayalaya
Rakesh Chandra
Lucknow University, Department of Law, New Campus, Jankipuram, Lucknow, Uttar Pradesh, India

Abstract
The burden of cases is increasing day by day on the Courts of all sorts all over India. Whether it be the Apex Court or the lower
Judiciary, the heat is on the lawmakers to break the ice. In order to provide succour to the litigants, the successive governments
have tried to address this menacing problem by adopting various measures. Alternate Dispute Redressal mechanism is one of the
most potent weapon in this regard. After the failure of the Nyaya Panchayat system due to various reasons, the concepts of Lok
Adalats, Consumer Forums, various kinds of dispute redressal forums like Telephone Adalats, Vidyut Upbhokta Adalats etc.,
Conciliation Forums established in various Courts, and Arbitration Forums, came out of embryonic stage and are in practice now.
But the Government's ultimate aim to provide justice at the doorstep of the litigant was a dream yet to be fulfilled. In this
direction, taking into consideration Law Commission's recommendations and previous experiences, the Govt. of India introduced
the concept of Gram Nyayalayas at the grassroot level. This paper intends to study the various aspects of the Gram Nyayalays Act
and also pinpoints its weaknesses and strengths.

Keywords: nyaya panchayats, alternate disputes redessal, gram nyayalaya act

1. Introduction settled disputes according not to statute law but to custom

Some form of village self-government seems to have and equity [3].”
some form of village self-government seems to have The dispensation of Justice, civil, criminal and revenue in
existed in India from the earliest times in which rural India either through village panchayats or through
people grouped themselves into settled communities. different State agencies and their measurement of their
The rulers of the ancient Hindu and Buddhist success and failure is the scope and objective of this
Kingdoms were hardly in a position to govern study. Gram Nyayalaya is the latest attempt in this
direction. To understand the whole processes of
actively those of their subjects who lived in outlying
dispensation of legal remedies in rural areas, a journey
villages even if they had the wish to do so; distances thorugh different phases of our history is a sine qua non.
were too great and communications too bad. The
king collected taxes and listened to complaints
brought before him. But for most of the activities in 2. Historical Background
which a modern state impinges on the lives of its 2.1 Administration of Justice in Ancient India
citizens- the arrest and trial of criminals, settlement Dr. Radha Kumud Mookerji, in his monumental treatise,
of quarrels, and education of the young, prevention “Local Government in Ancient India [4]”, has narrated a
of disease and so on- the rural people had to depend detailed and vivid picture of the system of justice in
on themselves. During the troublous times that set in ancient India the text of his narration is being reproduced
with the Mohammedan invasions, when Central from his book with the objective of clarity and better
understanding of the subject:
governments were often paralysed, the villagers had
“One of the most important functions of the local bodies
to rely to an even greater extent than before on the was, of course, the administration of justice. According
primitive apparatus of self- government which they to Brhaspati ‘Judicial assemblies are of four sorts:
had evolved in the course of centuries [1]. stationary, not stationary, furnished with the king’s signet
“Panchayat’ means ‘group of five’ and though number ring, and directed by the king. A stationary court meets in
five was not rigidly adhered to, it is obviously a suitable a town or village; one not stationary is called movable;
strength for a committee which should be representative one furnished with the king’s signet-ring is superintended
without being unwieldy. “Panchayats, which have existed by the chief judge; one directed by the king is held in the
in India for thousands of years are a characteristic and king’s presence’[I.2-3] The relations between these
distinctive institution of Indian civilization [2].” different kinds of courts of jusitice are thus indicated by
It cannot be said that the role of panchayats was ideal as Narada: ‘Family meetings (Kula), corporations (Sreni),
far as suppression of crime and dispensing of justice was village assemblies (gana), one appointed by the king, and
concerned. “It may have been dilatory, unenterprising the king himself are invested with the power to decide
and far from impartial, but it served the villagers’ needs law-suits; and of these each succeeding is superior to the
and gave them the sort of administration to which they one preceding it in order’ [I.7] The significance of this
were accustomed. It controlled the village servants, passage from Narada is thus brought out by the
219
International Journal of Academic Research and Development

commentator Asahaya: ‘A suit decided in a village goes (of tradesmen), dancers, persons wearing the token of a
on appeal to the city (court). What has been decided in religious order (such as Pasupatas) and robbers should
the city (court) goes (on appeal) before the king (i.e. the adjust their disputes according to the rules of their own
king’s court); but there is no appeal from the decision of profession.’ Further: ‘(the king) should cause the disputes
the king, whether right or wrong. We are not, however, of ascetics and of persons versed in sorcery and
concerned with the higher or king’s courts (forming the witchcraft to be settled by persons familiar with the three
last two varieties in Brhaspati’s classification of courts) Vedas only, and not decide them himself’ [I.25-7]. The
but only with the lower and local courts (the first two same principle of neighbourhood and local knowledge is
classes of courts mentioned by Brhaspati). These lower also recognized by Manu when he holds ‘the indigenous
and local courts were, according to the Smrtis, (inhabitants of the country, be they) Ksatriyas, Vaisyas,
constituted by the kula, the ‘sreni’, the gana, or the puga. or Sudras’ as being alone competent to give evidence
The gradation of the courts indicated by Narada is also [VIII.62]. The principle was held to be essential in
indicated by other law-givers. Brhaspati states: settling disputes regarding boundaries, on which the
‘Relatives, companies (of artisans), assemblies (of co- following rules are laid down: ‘If there be no witnesses
habitants) and other persons duly authorized by the king let your men who dwell on all the four sides of the two
should decide law-suits among men, excepting causes villages make a decision concerning the boundary’
concerning violent crimes (sahasa). Meetings of kindred, [VIII.258] ‘The decision concerning the boundary-marks
companies (of artisans), assemblies (of co- habitants) and of fields, wells, tanks, of gardens and houses depends
chief judges are declared to be resorts for the passing of a upon (the evidence of) the neighbours’. On failure of the
sentence to whom he whose cause has been previously above kinds of witnesses ‘the evidence even of the
tried may appeal in succession.’ This is further explained following inhabitants of the forest’ was admissible on
thus: ‘When a cause has not been (duly) investigated by account of their local knowledge, viz., ‘hunters, fowlers,
meetings of kindred it should be decided after due herdsmen, fishermen, root-diggers, snake-catchers,
deliberation by companies (of artisans); when it has not gleaners, and other foresters’ [ibid., 259,260, 262]
been duly examined by companies (of artisans it should Yajnavalkya [II. 153-5] has also the same regulation: ‘In
be decided) by assemblies (of cohabitants); and when it disputes relating to boundaries of land under cultivation
has not been (sufficiently) made out by such assemblies persons residing in surrounding villages, aged men and
(it should be tried) by appointed (judges)’ [1. 28-30]. other (competent persons), cow herds, persons cultivating
Yajnavalkya [II.30] also mentions a similar gradation of boundary lands and all persons living on forest produce
local courts such as kula, sreni, and puga arranged in the should determine those boundary (disputes).’ Again: ‘Or
ascending order of importance, the kula being the lowest persons from neighbouring vilages equal in number (i.e.
court composed of kinsmen for arbitration in small two or four villagers)- four, eight, or ten-should settle the
matters, from which an appeal lay to the next higher boundary lines.’ Finally, the Kautiliya will have all
courts. The sreni has been defined by the Mitaksara as the disputes regarding the boundary between any two villages
court constituted by traders or artisans including men of settled by neighbours or elders of five or ten villages, and
different castes but pursuing similar means of livelihood, disputes arising in the same village by the elders of the
and the puga as the court constituted by men of different neighbourhood or of the village (grama-vrddhah). It is
castes and occupations but inhabiting the same village or also stated that all kinds of disputes shall depend for their
town. It was ruled that if an appeal was lost the appellant settlement on the evidence to be furnished by neighbours.
must pay double what he was fined by the lower court. We may also cite the opinion of Vasistha: ‘In a dispute
The meaning given by the Mitaksara for the different about a house or a field reliance (may be placed on the
courts makes it clear that their gradation was determined depositions of) neighbours [XVI.13] As explained by
by their numerical strength and the degree in which they Kautilya the decision of these courts was that of the
represented the various interests, classes or castes in the majority of the persons constituting the court.
community concerned. Thus the puga was the highest The local courts took cognizance of both civil and
court because it was numerically the largest assembly, on criminal cases. In the Kautiliya there occurs a passage in
which were represented not merely the different castes, as which power seems to be given to the headman of the
in the ‘sreni’, but also the interests of different crafts, village to deport out of it criminals like a thief or an
trades, or occupations in the village or township. adulterer. In some of the South Indian inscriptions there
The principle underlying these lower and local courts has are given interesting details regarding the administration
been admirably put by the Sukraniti. In cases of dispute of criminal law. ‘A certain individual shot [an arrow at]
the best men of the locality concerned can alone be the a man belonging to his own village by mistake.
proper judges. The application of the principle thus laid Thereupon the governor and the people of the district to
down is shown in the following passage: ‘Foresters are to which the village belonged assembled together and
be tried with the help of foresters, merchants by decided that the culprit should not die for the offence
merchants, soldiers by soldiers, and in the village by committed by him through carelessness.’ He was not,
persons who live with both parties’ [IV. 5.24]. This is however, allowed to escape scot-free, but was made to
indeed an echo of the earlier Smrti works. Brhaspati says: atone for his action by the penalty of providing for a
‘For persons roaming the forest, a court should be held in perpetual sacred lamp at the temple, for which he had to
the forest; for warriors, in the camp; and for merchants in assign sixteen cows to the village assembly. There are
the caravan’. Again: ‘Cultivators, artisans (such as two other instances of similar trials connected with
carpenters and others), artists, money-lenders, companies shooting accidents or unintentional homicide in which
220
International Journal of Academic Research and Development

the assembly administered justice without troubling the 3. British Era

governor, thus showing how the people ‘played a more The advent of the Britishers as a ruling class brought into
important part at such trials than even the governor its wake a slow revolution in the countryside. “Statute
himself’. An inscription of about law look the place of social and religions custom as the
A.D. 1054 records the suicide of a woman whom a village ultima ratio. Novel conceptions like freedom of contract
officer had put through an ordeal for her resistance to gave individuals a new status [9].”
certain taxes for which she did not hold herself liable. A The British Courts and the ever- increasing band of
meeting of the people from ‘the four quarters, eighteen lawyers whom them fostered made their influence felt in
districts and the various countries’ was held. The officer the remotest village. The tribunals offered by
was declared guilty and fined. [See Madras Epigraphy Government for the redress of injuries were, in the early
Reports, 1899-1900,] 26; 1906-7, 42]” days of British rule, not easy of access and.........not
From the perusal of the above insightful statement of satisfactory when reached, but they could enforce their
administration of justice in ancient India, it is amply clear decisions and only their decrees could give claimants a
that ‘although Indian civilization contained refined and legal status [10]. The village courts were unable to
respected bodies of legal learning- the Dharmasastra compete with these formidable rivals. The quasi-
(Hindu law) and later Muslim law as well- and although democratic rural polity crumbled away. In Bihar and
there were royal courts in administrative centres, these Bengal the landlords, entrenched behind the Permanent
did not produce a unified national legal system of the Settlement, usurped the Panchayat’s authority over the
kind that developed in the west. The textural law village servants and forced the peasants to bring their
influenced but did not displace the local law. The disputes to their own irregular courts for decision [11].
government’s law did not penetrate deeply into the A long road had to be traversed and many experiments
countryside. Throughout most of Indian history there was had to be tried before Indian Governments were driven to
no direct or systematic State control of the administration the conclusion that the old panchayats must be
of law in the villages where most Indian lived [5].” resuscitated in some form or another [12]. Acts were
passed from time to time defining the rights of
2.2 Pre-British India cultivators. Strenuous attempts were made to improve the
In pre-British India there were innumerable, overlapping courts and the police and to put down crime. By the
local jurisdictions, and many groups enjoyed some degree establishment of new sub divisional and tahsil centres
of autonomy in administering law to themselves. and the provision of outlying benches of honorary
Disputes in villages and even in cities would not be magistrates justice was made more accessible. Executive
settled by royal courts, but by tribunals of the locality, of officers toured the countryside settling disputes locally,
the caste within which the dispute arose, or of guilds and looking into people’s wants, and doing what was in their
association of traders or artisans. Or, disputes might be power to redress grievances [13].
taken for settlement to the Panchayat of the locally During the nineteenth century however, the conception
dominant caste or to landowners, government officials or that villages affairs might in certain directions be
religions dignitaries [6]. managed by village agency was not altogether absent.
Some panchayats purported to administer a fixed body of Judicial powers had been given to panchayats in Madras
law or custom; some might extemporize. In some places as early as 1819. They were not popular, but village
and some kinds of disputes, the process was formal and headmen sitting alone dealt with a good many cases
court-like. Some Panchayats were standing bodies with (96,000 in 1911). In Bombay an Act of 1879 provided for
regular procedures, but many of these tribunals were not giving headmen powers to try petty suits. The United
formal bodies but more in the nature of extended Provinces followed with similar legislation in 1892. The
discussions among interested persons in which informal Indian Criminal Procedure Code provided for vesting
pressure could be generated to support a solution arrived headmen with certain powers; and by an Act of 1870 the
at by negotiation or arbitration. These tribunals would control of the village police in Bengal was entrusted to
decide disputes in accordance with the customs or usage Panchayats [14].
of the locality, caste, trade or family. Custom was not The Decentralization Commission was appointed in 1909
necessarily ancient or unchangeable, it could be minted to examine and report on measures of decentralization.
for the occasion. The power of groups to change customs The Government of India consulted Provincial
and to create new obligatory usages was generally Governments on the Commission’s recommendations and
recognized [7]. after considering their views produced a cautiously
Rulers traditionally enjoyed and occasionally exercised a worded Resolution in May 1915, suggesting the
general power of supervision over all these lesser formation of ‘experimental’ panchayats which should
tribunals. In theory, only the royal courts could exercise have both administrative and judicial functions. As a
executive severe punishments. These lesser tribunals consequence, separate legislations were enacted in
could pronounce decrees and invoke royal power to different provinces. Some divergence between the various
enforce them. But while some adjudications might be provinces could be noted as far as powers and duties of
enforced by governmental power, most depended on Panchayats were concerned. Where a Panchayat was
boycott and excommunication as the ultimate sanctions. looked upon chiefly as a body which can settle local
Community enforcement of these sanctions therefore, had disputes, prominence is given to its judicial functions. In
to reflect a high degree of consensus [8]. the United Provinces, to give example, the Panchayats
221
International Journal of Academic Research and Development

had judicial power as a matter of course and the trial of jackets of velvet and round satin caps, and the pretty
petty cases was the most important part of their duties nine-year old granddaughter of Mahabir Prasad leaned
[15]
. affectionately against his shoulder. At the opposite end of
the room and around the door, always pushing forward
Judicial Powers and always being assiduously shoved back by the
Panchayats were nowhere allowed to handle serious panches’ personal servants and the official messenger
criminal cases or complicated civil suits; their powers attached to the court, were the witnesses, plaintiffs, and
extended only to the trial of petty cases and the disposal defendants, men, women, and babies, the few whose
of suits in which no valuable rights or property were at presence was required and the many who came out of
stake. The limits of their jurisidiction were laid down in curiosity.
the relevant Acts. ‘Jokhi Lal uncorked the ink bottle beside him and opened
There was usually a lower limit which was the normal, the fat, flexible book in which he kept all the proceedings
and a higher one applying only to specially empowered in his neat Hindi. Another book, bound in flowered
Panchayats. The outside limit of fine which a Panchayat calico, contained brief comments in English from the
could impose in any province was Rs. 50. Specially various officials, Indian and English, who from time to
empowered Panchayats in certain provinces could deal time inspected the panchayat records. A name was called,
with civil suits upto a value of Rs. 200; the usual limit and a man with a white cloth about his shoulders stood
was lower. Sentences of imprisonment, if allowed at all, out in front of the panches and began talking. He talked a
might only be imposed for default in payment of a fine. long time and wept a little. Then another younger man
Some of the Acts attempted to give the Panchayats stepped out and talked an even longer time with fiery
exclusive jurisidiction in their own sphere, and to restrict eloquence. He was followed by a woman, who wept
the right of appeal as far as may be, but there are copiously. I gathered that a fight had taken place. A small
safeguards against the abuse of authority, the regular boy stole a stick of wood from a cart on the road, and the
courts being permitted to withdraw cases from cartman caught him and began beating him. An older
panchayats in certain circumstances. brother came to the boy’s rescue, and a pitched battle
Procedure was to be as informal as possible, no elaborate ensured between the cohorts of both sides. The cohorts,
records needed to be kept, and legal practitioners were now summoned as witnesses, told their story, prodded
not allowed to appear [16]. with questions from time to time by the panches. Jokhi
Lal methodically wrote everything down, then read aloud
Outputs at Work what he had written and had each witness step up and
This was important in the Punjab and the United approve his statement by affixing his thumb-print. It grew
Provinces. In the latter the panchayats disposed of 91, dark outside and darker inside. A lantern was brought and
476 Cases, Criminal and Civil, in 1932-33; it is found set on the table. Still the village battle went on. At last
there that the out-turn and quality of a Panchayat’s work Asgar Ali arrived to light me home. A half dozen
depends greatly on the personality of its headman or witnesses had not yet been heard. Afterwards. I was
Sarpanch and that the existence of faction in a in a informed that, in the opinion of the Panchayat, the
village was fatal to the administration of justice [17]. cartman had been found guilty of assault and had been
In Bengal judicial work was relatively unimportant, since fined ten rupees.’
only about one-fifth of the Panchayats had Judicial ‘Fights, petty thefts, damage to property through straying
powers, but 68, 600 criminal cases and 138,392 civil suits cattle, unrepaid loans, cases of “insultation” as calling
were disposed of in 1932-33; the Panchayat Courts were bad names was once described to me these were the
said to be gaining in popularity [18]. village problems patiently reviewed and judged by the
In Bihar there were only 118 judicial Panchayats, panchayat. Shiva Dutt stole fifteen rupees from Govind
disposing of 2,400 criminal cases and 6,062 civil suits in Ram and was caught with the stolen money in his
1933-34. On account of their generally fair, quick and possession. He was ordered to return it and pay a fine of
cheap disposal of cases the Panchayat Courts were five rupees. Habibullah’s cattle were found grazing in a
reported to be gaining public confidence and popularity field belonging to Niamat. When Niamat rounded them
up and started for the pound at the police station,
in many places [19].
Habibullah appreard on the scene with a band of helpers
In the Central Provinces the number of cases disposed of
and forcibly rescued them. He was fined five rupees.
in 1933-34 was 6,162 and of suits 10,203. Nothing said
Sums ranging from fifteen to thirty-five rupees had been
about the quality of the work, but as the number of
borrowed in three cases, and the accused had neither
Panchayats with judicial powers was growing and as
repaid nor ‘freshened’ the documents. The court ordered
enhanced powers were being given to them it was evident
repayment in two cases. In the third, though the accused
that they commanded confidence [20]. was guilty, nothing could be done. The law stipulates that
Gertrude Emerson, an American lady, in her book unless a case for recovery is brought within three years, it
Voiceless India [21] has described a trial of a case by a becomes void, and this case was too old.”
panchayat in the United Provinces: “The Panches were
already comfortably established on Jokhi Lal’s big square 4. Constitution- making and Village Panchayats:
bench, spread with its black and white striped rug of The draft Constitution of India didnot contain any
goats’ hair. Two of Jokhi Lal’s youngest children sat reference to villages and was subjected to the criticism
beside him, dressed in their gayest gold-embroidered that ‘no part of it represents the ancient polity of India.”
222
International Journal of Academic Research and Development

Dr. Ambedkar, the chief draftman, vigorously defended measure of planning efficient allocation of work-load, the
the omission of villages, and stated: “ I hold that those establishment of Nyaya Panchayats must have been felt
village republics have been a ruination of essential. However, apart from the ideology of separation
India.........What is a village but a sink of localism, a den and consideration of efficient division of labour, the
of ignorance, narrow mindedness and communalism? “ In creation of Nyaya Panchayats can be seen as illustrating
response, Mr. H.V. Kamath dismissed Amedkar’s attitude two other concerns. First, their creation testifies to
as that of an “Urban High-brow’ and insisted that concern for providing easy legal access to the village
sympathy, love and affection ‘toward’ our village and population. Second, at the same time, it also represents a
rural folk’ was essential for the ‘uplift’ of India. Mr. T. massive attempt by the State to displace (as effectively as
Prakasham pleaded for the ‘uplift’ of India. He pleaded it could) the existing dispute processing institution in
for a modernized system of panchayats which will give village areas-be they Jati (Caste) institutions, territorially
‘real power to rule and to get money and expend it, in the based secular institutions or special dispute processing
hands of the villagers’. Professor N.G. Ranga asked, institutions established under the auspices of social
“without this foundation stone village panchayats, how reformers (such as the Rangpur People’s Court). The
would it be possible for our masses to play their rightful Nyaya Panchayats seek to do this by retaining procedural
part in our democracy [22]?” flexibility and lay adjudicators, thus co-opting the very
Gandhi himself had urged a different form of polity for features of the institutions they seek to displace. On the
India. Gandhi stated his ideal of village swaraj (self-rule) other hand, the Nyaya Panchayats, as integral parts of the
in pragmatic as well as poetic terms [23]. administration of justice, are characterized by principles
The Constitution as it emerged did include certain of formal organization and of judicial oversight and
village- oriented Directive Principles of State Policy. control which donot ‘mesh in’ with the organization of
Article 40 obligates the state to ‘take steps to reorganise justice by village communities [26].
village panchayats and endow them with such powers Although the establishment of Nyaya Panchayat derived
and functions as may be necessary to enable them to symbolic support from an appeal to the virtues of
function as units of self-government. Article 40 has been traditional panchayats, it should be emphasized that these
among the most vigorously implemented provisions of new tribunals are in many ways very different from their
the Indian Constitution. traditional counterparts [27]:
a) Their membership is fixed rather than flexible and is
5. Post-Independence Experimentation in Legal based, indirectly, on popular election rather than
Access for the Village Population social standing;
5.1 Nyaya Panchayats b) Their constituencies are territorial units rather than
While Article 40 of the Constitution enjoins the state to functional or ascriptive groups;
organize village panchayats, another Directive Principle c) They decide by majority vote rather than by rule of
(Article 50) directs it to take steps to separate the unanimity;
judiciary from the executive. Apart from the states which d) They are required to conform to and to apply statutory
already had a system of village courts at the time of the law;
adoption of the Constitution (Madras, Mysore, Kerala), e) They are supported by the government in the
only a few states (Madhya Pradesh, Uttar Pradesh) compulsory execution of their decrees; these decrees
implemented Article 50 upon the adoption of the may be tested in regular courts.
Constitution by creating separate Nyaya Panchayats. In
the period following the adoption of the Balwant Rai Constitution and Composition of Nyaya Panchayats
Mehta Committee Report (1959) and the reorganization Nayaya Panchayats are established for a group of
of the village institutions both as local government and villages, usually an area covering 7 to 10 villages. Nyaya
developmental agencies, many more states established Panchayat usually cover a population of 14,000 to 15,000
Nyaya Panchayats as separate judicial bodies, thus villagers. A member of a Nyaya Panchayat must be able
fulfilling the Directive Principle of separation of the to read and write the State Language, must not suffer
judiciary from the executive [24]. from any disqualification described in the statute, and
The ideology of separation of judicial from the executive must not hold an office of Sarpanch or be a member in
power, embodied in Article 50, was clearly one impulse the Samiti, parishad, or State or Union Legislature. The
that led to the creation of Nyaya Panchayats in States rules regarding appeals in disputed elections are the same
which did not have such separate bodies. But the creation as those which apply to gram panchayats. The Nyaya
of judicial panchayats was not entirely a function of this Panchayat has a chairman and secretary elected by its
ideology. It was also kept in mind that in order to members, One third of its members retire every second
increase the efficiency of village panchayats in year.
performance of developmental and governmental tasks, Almost all States have adopted election as a method of
relief from the judicial workload was necessary [25]. Law constituting Nyaya Panchayat. Each gram panchayat.
Commission’s Fourteenth Report testified to the volume (Itself an elected body) elects members for Nyaya
of this work in the years following independence. In U.P., Panchayats. Some states combine the method of elections
for example, judicial panchayats heard, for the period 15 with nomination for example, in The Law Commission,
August 1949 to 31 March 1956, 1, 914, 098 cases, of in its Fourteenth Report, however, expressed itself
which 1,894,440 cases were disposed. Clearly, then, as a

223
International Journal of Academic Research and Development

against the principle of government nomination of nyaya The follow-up report of the Bhagwati Committee,
panchayats [28]. charged with proposing concrete measures to secure
access to justice for the poor, endorses a system of “law
Jurisdiction and justice at the panchayat level with a conciliatory
Nyaya Panchayats have civil and criminal jurisdiction, methodology.” The argument was that panchayats would
but the former is more limited than the latter. Civil remove many of the defects of the British system of
jurisdiction is normally confined to pecuniary claims of administration of justice, since they would be manned by
the value of Rs. 100 which may by agreement among people with knowledge of local customs and habits,
parties be raised to Rs. 200 involving money due on attitudes and values, familiar with the ways of living and
contracts not affecting interests in immovable property, thought of the parties before them. Yet again the
compensation for wrongfully taking or damaging proposed panchayats donot depart from established
property and recovery of movable property. In some notions of law. There was to be a presiding Judge having
states the civil jurisdiction extends to the recovery of knowledge of law, and the lay members were to receive
minimum wages or arrears for maintenance (e.g. Kerala). rudimentary legal training. There would be no lawyers
The criminal jurisidiction is comparatively extensive and and the tribunal would proceed informally, its decisions
covers a substantial range of offences under the Indian subject to review by the district court. What is proposed
Penal Code as well as the special statutes (e.g. Cattle is an informal, conciliatory, non- adversarial small claims
Trespass Act, Gambling Acts, Prevention of Juvenile court with some lay participation. This follow-up report-
Delinquency Act). The Nyaya Panchayats are authorized written by distinguished activist Judges dedicated to
to levy fines (ranging from Rs. 25 to 100), but they have enlarging access to justice- thus registered the appeal of
no power to sentence offenders to imprisonment, the locally based “indigenous” forum under the guidance
substantively or in default of fine [29]. of an educated and beneficial outsider [34].
Emphasis on the amicable settlement of disputes is an
Gram Nyayalaya Act, 2008
important aspect of the Nyaya Panchayat ideology.
Discussing about the need of entrusting Federal judicial
Accordingly, conciliation is emphasized over
power to hybrid tribunals in reference to United States of
adjudication in some State legislation [30]. America, Professor Lawrance Tribe, in his monumental
Evaluation of Nyaya Panchayats’ Functioning work “Constitutional Choices” has stated: “....... In a
While the Law Commission (1958) and the Study Team series of cases spanning more than a century and a half,
on Nyaya Panchayats (1962) saw a bright future for the (Supreme) Court has upheld the constitutionality of
Nyaya Panchayats, two evaluations, namely, the several such hybrid tribunals while fervently endorsing
Maharashtra Committee’s Report on Panchayati Raj the principle of Judicial independence. The Court’s quest
(1971) and the Rajasthan Committee Report (1973) had for a principled distinction between Article III
recommended the abolition of Nyaya Panchayats adjudicative power and all other kinds of dispute-
altogether. ‘The pathos of the Nyaya Panchayats is that resolving authority, like Diogenes’ search for an honest
they have achieved neither the impartiality of the regular man, has taken many roads. The Court has enjoyed little
courts (at their best) nor the intimacy, informality and more success than Diogenes [35].” The Gram Nyayalaya
ability to conciliate of traditional Panchayats (at their Act, 2008 is not the first legislative attempt at
best). Instead Nyaya Panchayats seem in large measure to establishing a hybrid or informal tribunal like system, (in
have achieved a rather unpalatable combination of the India), ostensibly located in some version of an
mechanical formalism of the courts with the political indigenous system of dispute resolution. Nyaya
malleability of traditional dispute processing [31].” As Panchayats and lok adalats were created with the same
Catherine Meschievitz summed it up, “the Nyaya objective of dispensing speedy justice in informal
Panchayat is thus a body of men..... that handles disputes settings. Both forums, derived” sentimental and symbolic
without regard to applicable rules and yet appears to support from appeal to the virtues of the indigenous
villagers as formal and incomprehensible [32].” system [36].” They note that the informalism of the Lok
Nevertheless, the Panchayat idea continued to exert a Adalat with its emphasis on compromise and speedy
powerful attraction on legal intellectuals. The 1973 report disposal could disadvantage weaker parties [37].
of the Expert Committee on Legal Aid, chaired by (and The Lok adalats are not bound by of Civil Procedure
consisting of ) Justice Krishna Iyer, a report that viewed Code 1908 (CPC) and the Indian Evidence Act, 1872.
itself as a radical critique of Indian legal managements, According to the authors, Lok adalat judges appeared to
speaks glowingly of nyaya panchayats as part of a larger be “ overbearing and coercive” to the parties before
scheme of legal aid and access to the courts. Panchayats them- especially poor and unrepresented parties. The
are endorsed as a method of incorporating lay authors observe that critics of the look adalats “see in
participation into the administration of justice. But it is these moves portents of a dismantling of legality in
clear that the justice in mind is “legal justice,” the law of favour of paternalistic, intuitive kadi justice for the poor
[38]
the land, and not that of the villagers or their spiritual .”
advisors. Panchayats are commended as inexpensive, The gram nyayalayas capture all the weaknesses of the
accessible, expeditious and suitable to preside over Nyaya Panchayats and lok adalats, and the problems
conciliatory proceedings. The panches envisioned by the associated with these forums would apply equally to this
report are not village notables but supersaturated Judges most recent version of the ostensible indigenous dispute
and retired advocates [33]. resolution forum [39].
224
International Journal of Academic Research and Development

Intent and Jurisdiction Courts;

The Act provides for the establishment of gram 6) the seat of the Gram Nyayalaya will be located at the
nyayalayas for the purpose of providing access to justice headquarters of the intermediate Panchayat, they
and to ensure that speedy justice is not denied to any will go to villages, work there and dispose of the
citizen for reasons for social, economic or other cases;
disabilities. The gram nyayalaya will be the lowest court 7) the Gram Nyayalaya shall try criminal cases, civil
of subordinate judiciary in a State and shall be in addition suits, claims or disputes which are specified in the
to the regular civil and criminal courts. The Act is First Schedule and the Second Schedule to the Act;
broadly based on the recommendations of the Law 8) the Central as well as the State Governments have
Commission of India, which had in its 114 the Report been given power to amend the First Schedule and
(August 1986) [40] suggested the establishment of such the Second Schedule of the Act, as per their
courts in order to “provide speedy, inexpensive and respective legislative competence;
substantial justice to the common man. “The Report 9) the Gram Nyayalaya shall follow summary
recommended the concept of the Gram Nyayalaya with procedure in criminal trial;
two objectives. While addressing the pendency in the 10) the Gram Nyayalaya shall exercise the powers of a
subordinate courts was the major objective, the other Civil Court with certain modifications and shall
objective was the introduction of a participatory forum of follow the special procedure as provided in the Act;
justice. To make it participatory the Law Commission 11) the Gram Nyayalaya shall try to settle the disputes
recommended that the Magistrate be accompanied by two as far as possible by bringing about conciliation
lay persons who shall act as Judges, that the legal training between the parties and for this purpose, it shall
of the Magistrate will be complemented by the make use of the conciliators to be appointed for this
knowledge of the lay persons who would bring in the purpose;
much required socio-economic dimension to adjudication. 12) the judgment and order passed by the Gram
It was proposed that such a model of adjudication will be Nyayalaya shall be deemed to be a decree and to
best suited for rural litigation. The Law Commission also avoid delay in its execution, the Gram Nyayalaya
observed that such a court would be ideally suited for the shall follow summary procedure for its execution;
villages as the nature of disputes coming before such a 13) the Gram Nyayalaya shall not be bound by the rules
court would be “simple, uncomplicated and easy of of evidence provided in the Indian Evidence Act,
solution’ and that such disputes should not be enmeshed 1872 but shall be guided by the principles of natural
in procedural claptrap. The report suggests that such a justice and subject to any rule made by the High
litigation is expensive both for the State as well as the Court;
litigant. However the participatory aspect has been set 14) appeal in criminal cases shall lie to the Court of
aside in the current Act and we find the Gram Nyayalaya Session, which shall be heard and disposed of within
manned by the regular First Class Magistrate [41]. a period of six months from the date of filing of
The Gram Nyayalaya Act, 2008 received the assent of the such appeal;
President on the 7th January, 2009. The Act came into 15) appeal in civil cases shall lie to the District Court,
force on October 2,2009, i.e. the birth anniversary of which shall be heard and disposed of within a period
Mahatma Gandhi. More than 5000 Nyayalay as were of six months from the date of filing of the appeal;
expected to be set-up under the Act. Around 194 such 16) A person accused of an offence may file an
Courts have been set up as on March 2015. application for plea bargaining.
The Salient features of the Gram Nyayalayas Act, 2008 The Central Government has decided to meet the non-
are as follows:- recurring expenditure on the establishment of these Gram
1) Gram Nyayalayas are aimed at providing Nyayalayas subject to a ceiling of Rs. 18.00 lakhs out of
inexpensive justice to people in rural areas at their which Rs. 10.00 lakhs is for construction of the court, Rs.
doorsteps; 5.00 lakhs for vehicle and Rs. 3.00 lakhs for office
2) the Gram Nyayalaya shall be court of Judicial equipment. Government has also estimated that the Gram
Magistrate of the first class and its presiding officer Nyayalayas upon establishment would incur a recurring
(Nyayadhikari) shall be appointed by the State expenditure of Rs. 6.4 lakhs per annum on salaries etc.
Government in consultation with the High Court; and proposes to share such recurring expenditure with the
3) the Gram Nyayalaya shall be established for every State Government for the first three years within this
Panchayat at intermediate level or a group of ceiling.
contiguous Panchayats at intermediate level in a
district or where there is no Panchayat at Inadequacies of Gram Nyayalayas
intermediate level in any State, for a group of The Act contains provisions which are likely to result in
contiguous Panchayats; the unjust exclusion of the impoverished from just legal
4) the Nyayadhikaris who will preside over these Gram processes thereby restricting access to justice.
Nyayalayas are strictly judicial officers and will be a) Nature of Offences within the Domain of Gram
drawing the same salary, deriving the same powers Nyayalayas: Schedule I of the Act lists those offences
as First Class Magistrates working under High which can be adjudicated by the gram nyayalayas.
Courts; Within its criminal jurisdiction, theft; concealment,
5) the Gram Nyayalaya shall be a mobile court and disposal and receiving of stolen property; and insult
shall exercise the powers of both Criminal and Civil with intent to provoke a breach of the peace are some
225
International Journal of Academic Research and Development

of the offences that can be decided by these courts. by the gram nyayalayas, there can be only one
Vitally, offences which are not punishable with death, additional appeal to subordinate courts. Within the
imprisonment for life or imprisonment for a term part of the Act, there are also concerns regarding the
exceeding two years are also included within the time limit imposed on filing an appeal against the
scope of its jurisdiction. Part II of this Schedule lists decision of the gram nyayalaya. As per Section 33 (4),
some statutes and offences committed under these every appeal shall be preferred within a period of 30
Acts within the ambit of the criminal jurisdiction of days from the date of judgment, sentence or order of a
the gram nyayalayas. Some of these include the gram nyayalaya in a criminal case. This is similar to
Payment of Wages Act, 1936, the Minimum Wages Section 34 (3) which lays down the same restrictions
Act, 1948, the Protection of Civil Rights Act, 1955, for civil cases. The Parliamentary Committee which
the Bonded Labour System (Abolition) Act, 1976, the commented on the 2007 Gram Nyayalaya bill had
Equal Remuneration Act, 1976 and the Protection of criticised this provision and stated that “there were no
Women from Domestic Violence Act, 2005. Schedule valid reasons as to why the period of limitation
II includes most property disputes and claims arising provided in the Criminal and Civil Procedure Codes
from Payment of Wages Act, 1936 and Minimum should not be made applicable” to gram nyayalayas
Wages Act, 1948 within the scope of civil jurisdiction (Department Related Parliamentary Standing
of the Nyayalaya. Evidently, most of these legislations Committee: 26). In spite of these recommendations,
directly affect the impoverished. These are social the Act continues to set a bar on the time period which
welfare legislations which require careful and is less than the time prescribed in the procedural laws.
sophisticated adjudication. That this Act does not This is another example of the Act compromising on
incorporate proper procedures is even more troubling, proper procedure and is bound to create difficulties
given the nature of disputes that will come up for for parties involved in litigation at the level of gram
consideration of these courts. nyayalayas.
b) Circumscribed Right of Appeal: The most problematic c) Summary Procedure and Plea Bargaining: Gram
part of the Act– Part VII deals with appeals. Section nyayalayas shall follow summary trial procedure in
33 provides for appeals in criminal cases. Subsection criminal cases. This runs contra to the Cr. PC that
(1) provides that notwithstanding anything contained normally governs all criminal trials in the formal court
in the Cr.P.C. or any other law, no appeal shall lie system. Section 20 provides that any person accused
from any judgment, sentence or order of a gram of an offence may file an application for plea-
nyayalaya except as provided hereunder. The Act bargaining in the gram nyayalaya in which such
already prevents appeals in cases where the “accused offence is pending trial and the gram nyayalaya shall
person has pleaded guilty” or where the dispose of the case in accordance with the provisions
gramnyayalaya has passed a sentence only of fine not of the Cr.P.C. This provision for plea-bargaining must
exceeding Rs 1,000. This leads up to the legally be read in the context of Section 33(2) (a) which
unjustiable Section 34 (2) that provides that no appeal provides that no appeal shall lie where an accused
shall lie from any judgment or order passed by the person has pleaded guilty and has been convicted on
gramnyayalaya (a) with the consent of the parties; (b) such plea. Further, plea-bargaining has been
where the amount or value of the subject-matter of a introduced in the Cr. P.C. which governs the
suit, claim or dispute does not exceed Rs 1,000; (c) adjudication of criminal disputes in the court system.
except on a question of law, where the amount or The Law Commission of India in its 142nd report had
value of the subject matter of such suit, claim or recommended a “competent authority”, a metropolitan
dispute does not exceed Rs 5,000. It is crucial to note judge or magistrate of the first class or two retired
that Sections 33 and 34 provide for appeals in certain high court judges (depending on the gravity of the
cases to the Court of Session and the district court, offence) would be appointed as plea judges. The
respectively. Hence, a party can appeal the accused would file an application for a plea bargain to
nyayadhikari’s decision to a session’s court for the “plea” judge. This would ensure that the accused
criminal matters which must be decided in that forum could still get a fair trial from the regular judge shou ld
by that judge within six months. For civil matters the the plea bargain not go through (Tewari and Agarwal
appeal should be directed to district court which must 2006). The 154th Law Commission felt that in the
decide it within six months. However, the Act Indian context bargaining with a prosecutor would be
prevents any further appeal after the decision of the hazardous and a competent authority would safeguard
Court of Session or the district court. Section 33 (7) the principle of a fair trial. Unfortunately, the Gram
provides that the decision of the Court of Session Nyayalayas Act does not provide for such a competent
shall be final and no appeal or revision shall lie from authority. The application for plea-bargaining is to be
the decision of the Court of Session. Similarly, led with the court itself. Therefore, if such an
Section 34 (6) provides that the decision of the district application is rejected, this would in turn have an
court shall be final and no appeal or revision shall lie undue bearing when the trial is conducted.
from such decision. The revised version of the bill d) ‘Interests of Justice’: While the scheme of the Act
that was finally enacted also contains a proviso which which details the special procedure in civil disputes is
allows for availing of judicial remedies available not entirely undesirable, it is worthwhile to appreciate
under Articles 32 and 226 of the Constitution. that Section 24 (7) provides that the proceedings shall,
Therefore, for almost all matters that will be decided “as far as practicable”, be consistent with the interests
226
International Journal of Academic Research and Development

of justice. This provision employs non-binding justice was broadly in the hands of village panchayats
language and is conditional while dealing with an who administered justice with the help of local laws,
issue of prime importance. Any proceeding in a court customs and practicality of the situation. There was no
of law must be consistent with the interests of justice centralised legal system, and the system of monitoring of
in all circumstances; however, this provision allows the village panchayat’s functioning was almost lacking. It
for non-compliance when it is not “practicable”. was the Britishers who for the first time tried to introduce
e) Civil Court sans Civil Procedure: In terms of civil westernised legal system throughout the country.
suits, the gram nyayalaya has the power of a civil However, it was only after independence that the village
court, and the judgment passed by it shall be executed panchayats could be armed with a Separate legal wing
as if it were a decree of a civil court. However, the known as Nyaya Panchayats. This system of
forum shall not be bound by the procedure in respect administration of justice amounted to a hybrid legal
of execution of a decree as provided in the C.P.C. and structure which could not find roots in the Indian soil.
it shall be guided by the principles of natural justice. Within decade after independence, the Nyaya Panchayat
Section 30 of the Act dealing with the application of system began to lose its sheen. Lok Adalats as alternative
the Indian Evidence Act, 1872, provides that a gram dispute resolution mechanism started grooming up. But
nyayalaya may receive as evidence any report, the objective of delivering justice at the doorstep of the
statement, document, information or matter that may, village community was still a dream to be fulfilled.
in its opinion, assist it to deal effectually with a Gradually, after long deliberations on the
dispute, whether or not the same would be otherwise recommendations of Law Commission and other bodies,
relevant or admissible under the said Act. The Act the Government introduced the concept of Gram
envisages day to day hearing with summary procedure Nyayalayas into village scenario and the Gram Nyayalaya
and pronouncement of judgment within 15 weeks Act, 2008 came into existence in the year 2009. But the
from the date of the last hearing. The proceedings pace of implementation of this Act has been
shall be in one of the official languages of the state exceptionally slow. Besides that certain apprehensions
other than English, as far as practicable. The parties and objections have been raised from various quarters
may argue their own case but they also reserve the regarding the efficiency of the certain provision of the
right to engage a lawyer to represent them. The Act Act which need clarification from the Government
also places a duty on the gram nyayalayas to provide machinery. However, the real test of any Act or Statute
for conciliation and settlement of civil disputes for takes place when it is implemented on ground. Therefore,
which they shall follow the procedure prescribed by the first and foremost priority of the Government should
the high court. be to give it a try so that the deficiencies as well as good
f) Police Assistance: The Act also seeks to provide for points of Gram Nyalyalaya Act could come to light and
assistance of police to the gram nyayalayas, wherein accordingly further remedial action be ensured. Till then
every police ofcer functioning within the local limits we will have to keep faith in this Act which beckons hope
of jurisdiction of such a court shall be bound to assist for the ruralfolk who deserve justice delivery system at
in the exercise of its lawful authority. Further, it binds their doorsteps.
the police officer or any other government servant to
provide assistance when so directed by these courts. 7. Annexures
Galanter and Krishnan document the manner in which In terms of Section 3(1) of the Gram Nyayalayas Act,
police assistance has affected the functioning of the 2008, it is for the State Governments to establishGram
Electricity Lok Adalats (Galanter and Krishnan 2004: Nyayalayas in consultation with the respective High
812). The police, they note, in fact appear and Courts. More than 5000 Gram Nyayalayas are expected to
advocate for the electricity companies. They point out be set up under the Act. Around 194 such courts have
how the police representatives act as the lead been set up as on March 2015.
advocates not only in criminal matters but also in
several other billing disputes (ibid). The authors refer Table 1
to Julia Eckert’s description of the Shiv Sena courts in S. No. State Gram Nyayalayas Notified till date
Maharashtra, where police representatives act as 1 Madhya Pradesh 89
interpreters and arbitrators of the law (ibid). Given the 2 Rajasthan 45
similarity in the setting of lok-adalats and gram 3 Karnataka 2
nyayalayas, there are bound to be similar difficulties 4 Orissa 16
with the explicit inclusion of a provision warranting 5 Maharashtra 18
police assistance in the Act. In a system which 6 Jharkhand 6
compromises on issues of due process and prevents 7 Goa 2
the usual number of appeals, it is dangerous to allow 8 Punjab 2
the police to offer “assistance” which may lead to 9 Haryana 2
coercion of the litigants. 10 Uttar Pradesh 12
Totle 194
Source: PIB release of 10 March 2015
6. Conclusion (http://pib.nic.in/newsite/erelease.aspx?relid=0)
The dispensation of justice in the rural areas have always
been a challenging tasks in any period of history. Before
the advent of Britishers in India, the administration of
227
International Journal of Academic Research and Development

Table 2: Some Judicial Systems in Post-Independence India

Nyaya Panchayats Lok Adalats Gram Nyayalayas
Flourished From pre- Independence. 1982 onwards Proposed
Personnel Elected by local electorate Retired judges, volunteers Nyayadhikaris selected by High Court
Norms Applied Statute law Not known State law, conciliation
Maximum Penalty Fines. Enforced by court. Imprisonment up to one year, fines.
Appeals Courts No appeal Asssistant sessions judge senior civil judge
Representation Self Self, lawyers Self, lawyers
Sources: Galanter & Krishnan for Nyaya Panchayats and Lok Adalats; Gram Nyayalayas Bill; PRS

2. Nyaya Panchayats vs. Gram Nyayalayas suggest that the Law Ministry had expressed some
On June 25, 2006 the Minister of Panchayati Raj, Mani objections. Table 2 compares the main characteristics of
Shankar Aiyar, announced the formation of a committee that draft Bill and the Gram Nyayalayas Bill, 2007.
to prepare a Nyaya Panchayat draft Bill. Press reports

Table 3: Nyaya Panchayats Draft Bill, 2006; Gram Nyayalayas Bill, 2007

Nyaya Panchayats Draft Bill, 2006 Gram Nyaylayas Bill, 2007

Area coverd At every panchayat area or Panchayat at the intermediate level.

Number of Judicial Five elected members, one reserved for a One nyayadhikari appointed by the state goverment
woman, and one post rotating between SC,
ST, and OBC members. One Nyaya
Sahayak to assist on points of law.

Minimum Qualifi- cation Age 25 or above, not a member of local, From a cadre constituted by the govermnet having
of Officers regional or national political party. people of less than 45 years of age, with a law
degree, knowledge of one language of the state
other than English, and qualified to be a judicial
magistrate.
Maximum Penalty Only fine One year’s imprisonment, with or without a fine, or
only a fine

Appeals Appeal to Judicial Magistrate Senior civil judge for civil cases; assistant
sessions judge for criminal cases

Representation Self or representative Bar on legal Self, lawyers

representation

Sources: Nyaya Panchayats Draft Bill, 2006; Gram Nyayalayas Bill, 2007; PRS

2. Madhya Pradesh Gram Nyayalaya Adhiniyam, 1996 nyayalayas are different from those envisaged in the
Gram nyayalayas have been functioning in Madhya current Bill in a number of ways; these are detailed in
Pradesh since 2000 under a state Act.13 These gram Table 3.

Table 4: Madhya Pradesh Gram Nyayalaya Adhiniyam, 1996; Gram Nyayalayas Bill, 2007
Madhya Pradesh Gram Nyayalaya Adhiniyam,
Gram Nyayalayas Bill, 2007
2007
Circle comprising of ten or more Gram Panchayats.
Area covered In Scheduled areas a circle may consist of less than Panchayat at the intermediate level
ten villages
Number of Judicial
Sever members nominated unanimously by Janpad One nyayadhikari appointed by the state government
Officers
Age 45 or above, ordinarily resident in Circle, From a cadre constituted by the government having
Minimum Qualifi- passed matriculation (fifth standard in case of people of less than 45 years of age, with a law degree,
cation of Officers women, SC and ST members), and one person with knowledge of one language of the state other than
elementary experience or knowledge of law English, and be qualified to be a judicial magistrate.
One year’s imprisonment, with or without a fine, or only
Maximum Penalty Fine of Rs. 1,000
a fine.
Before Class I Civil Judge for civil case; before Senior civil judge for civil cases; assistant sessions judge
Appeals
Class I Judicial magistrate for criminal cases for criminal cases
Representation Self. Self, lawyers
Sources: The Madhya Pradesh Gram Nyayalaya Adhiniyam, 1996; Gram Nyayalayas Bill, 2007; PRS

228
International Journal of Academic Research and Development

Reference 21. Drummond JG. Panchayats in India 6, Oxford

1. Drummond JG. Panchayats in India, Oxford Univesity Press, London, 1937.
University Press, London, 1937. 22. Ibid, 7.
2. Galanter Marc. Law and Society in Modern India, 23. Ibid,
Oxford University Press, New Delhi, 1997. 24. Ibid,
3. Galanter Marc, Krishnan Jayanth. Bread for the Poor: 25. Drummond JG. Panchayats in India 7. Oxford
Access to Justice and the Rights of the Needy in Univesity Press, London, 1937
India”, Hastings Law Journal available at community 26. Drummond JG, Panchayats in India, 19 Oxford
legal service.org/access %20to% 20 justice % 20 University Press, London, 1937
ant% 20 the % 2......, accessed on. 14.4.2016, 55:789. 27. Drummond JG. Panchayats in India, 19 Oxford
4. Guruswami Menaka, Singh Aditya. Accessing University Press, London, 1937.
Injustice: The Gram Nyayalaya Act Economic & 28. Drummond JG. Panchayats in India 20 Oxford
Political Weekly, October 23, 2010, 2008; 65(43). University Press, London, 1937.
5. Mookerji RadhaKumud. Local Government in 29. Drummond JG. Panchayats in India 6, Oxford
Ancrient India, Oxford University Press, London, Univesity Press, London, 1937.
1919. 30. Ibid.
6. Nagraj Vasudha. The Gram Nyayalaya: The New 31. Ibid.
Face of the Judiciary, Law and other Things, 32. Ibid.
available at http://law and other 33. Gertrude Emerson, Voiceless India, George Allen &
things.blogspot.in/2010/11/gram- nyayalyalay-new- Unlvin, Ltd. cited in J.G. Drummond, Panchayats in
face-of-judiciary.html, accessed on, 1.4.2016. 2010. India, 33, Oxford University Press, London, 1937.
7. Tribe Lawrence H. Constitutional Choices, Universal 34. Marc Gallanter, Upendra Baxi. Law and Society in
Law Publishing Co, New Delhi, 2012. Modern India 60, Oxford University Press, New
8. Law Commission of India, One Hundred and Delhi, 1997.
Fourteenth Report on Gram Nyayalaya, available at 35. Ibid, 67.
lawcommissionofindia. nic.in/101-169/reports 36. Marc Gallanter, Upendra Baxi, Law and Society in
114.pdf, accessed on, 2016, 1986. Modern India 67, Oxford University Press, New
9. The Gazelte of India, Part II-Section 1, dated the 9th Delhi, 1997.
The Gram Nyayalaya Act, 2008, available at 37. Ibid
indiacode.nic.in/fullact1. asp?tfnm= 200904, 38. Marc Gallanter, Upendra Baxi. Law and Society in
accessed on, 2016, 2009. Modern India 68, Oxford University Press, New
10. Krishnaswamy Sudhir, Gram Nyayalayas, the hazards Delhi, 1997.
of informal justice, available at http://www.sunday- 39. Ibid, 69.
guardian.com/analysis/gram-nyayalayas-and-the- 40. Marc Gallanter, Upendra Baxi. Law and Society in
hazards-of-informal-justice, accessed on, 2016. Modern India 72, Oxford University Press, New
11. Vaidyanathan Usha. Salient Features of Law Delhi, 1997.
Commission of India, 114th Report on Gram 41. Marc Gallanter, Upendra Baxi. Law and Society in
Nyayalaya, available at http:// www.ebc- Modern India 72, Oxford University Press, New
dia.com/lawyer/articles/87V2a2.htm, accessed on Delhi, 1997.
1.4.2016, 1986. 42. Ibid
12. Legislative Brief. The Gram Nyayalaya Bill, 2007 43. Marc Gallanter, Upendra Baxi. Law and Society in
PRS Legislative Research, Centre for Policy Modern India 90, Oxford University Press, New
Research, available at www.prsindia.org, accessed on Delhi, 1997.
1.4.2016. 44. Arc Galanter, Jayanth Krishnan, Bread for the Poor:
13. Drummond JG. Panchayats in India 4, Oxford Access to Justice and the Rights of the Needy in
University Press London, 1937. India, Hastings Law Journal. Available at
14. Marc Galanter, Upendra Baxi. Law and Society in communitylegal service.org/.../access%20 to % 20
Modern India, 54, Oxford University Press, New justice% 20 ant% 20 the%2...., accessed on
Delhi, 1997. 14.4.2016. 55:789.
15. Drummond JG. Panchayats in India 6, Oxford 45. Ibid
University Press, London, 1937. 46. Marc Galanter, Jayanth Krishnan, Bread for the Poor:
16. Dr. Radha Kumud Mookerji, Local Government in Access to Justice and the Rights of the Needy in
Ancient India, Oxford University Press, London, India, Hastings Law Journal. Available at
1919. communitylegal service.org/...access%20 to % 20
17. Marc Galanter, Upendra Baxi. Law and Society in justice% 20 ant% 20 the%2...., accessed on
Modern India 54-55, Oxford University Press, New 14.4.2016. 55:789.
Delhi, 1997. 47. Lawrence H. Tribe, Constitutional Choices 85,
18. Marc Galanter withUpendra Baxi, Law and Society Universal Law Publishing Co., New Delhi, 2012.
in Modern India 54-55, Oxford University Press, 48. Marc Galanter, Jayant Krishnan. (2004: 789), Cited
New Delhi, 1997. in Accessing Injustice: The Gram Nyayalayas Act,
19. Ibid. 2008, Economic & Political Weekly,Menaka
20. Ibid. Guruswamy, Aditya Singh, 2010; 45(43):16.
229
International Journal of Academic Research and Development

49. Ibid.
50. Ibid
51. Menaka Guruswami, Aditya Singh. Accessing
Injustice" The Gram Nyayalaya Act, 2008, Economic
& Political Weekly, 2010; 45(43):17.
52. available at law commission of india.nic.in, accessed
on 22.4.16
53. Vasudha Nagraj. The Gram Nyayalaya: The New
Face of the Judiciary, Law and Other Things,
November 23,2010, available at http://
lawandotherthings. blogspot.in/ 2010/11/gram-
nyayalaya-new face-of-judiciary.html, accessed on
1.4.2016.

230