RESEARCH PAPER SUBMITTED IN FULFILMENT OF THE COURSE TITLED

ADR AND FOR OBTAINING THE DEGREE B.B.A., LL.B. DURING THE
ACADEMIC YEAR – 2019 – 2020.

PANCHAYATS AND NAYAYA PANCHAYAT

Submitted by

RAHUL RAJ

ROLL NO. -

1845

Submitted to

MR. HRISHIKESH MANU

FACULTY OF LAW

FEBRUARY 2020

CHANAKYA NATIONAL LAW

UNIVERSITY NYAYA NAGAR, MITHAPUR,
PATNA.
 DECLERATION

I, RAHUL RAJ hereby declare that the work reported in the B.B.A.,LL. B. (Hons.) Project
Report entitled “PANCHAYATS AND NAYAYA PANCHAYAT” submitted at Chanakya
National Law University is an authentic record of my work carried out under the supervision
of. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

SIGNATURE OF CANDIDATE

NAME OF CANDIDATE: Rahul Raj

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA.

 ACKNOWLEDGEMENT

I would like to thank my faculty Mr. HRISHIKESH MANU, whose guidance helped me a
lot with structuring my project. I owe the present accomplishment of my project to my
friends, who helped me immensely with materials throughout the project and without whom I
couldn’t have completed it in the present way. I would also like to extend my gratitude to my
parents and all those unseen hands that helped me out at every stage of my project.

THANK YOU,

NAME: Rahul Raj

COURSE: B.B.A., LL.B. (Hons.)

ROLL NO: 1845

SEMESTER – 6th
OBJECTIVES OF STUDY:

Through this study the researcher wants to find out:

• Critical analysis of Nyaya Panchayat.

• About History,Constitution, Composition and Jurisdiction-powers, authority,
responsibilities of nyaya panchayat

• About procedure of nyaya panchayats

RESEARCH METHODOLOGY:

The researcher has adopted Doctrinal method of research to complete the project.
Doctrinal Methods refer to Library research or research done upon texts writings or
Documents, legal propositions and Doctrines, Articles, Books as well as Online
Research and Journals relating to the subject.

HYPOTHESIS:

The researcher believes that there is no prejudice and biasness during hearing.

SOURCES OF STUDY:

• Primary sources: Case Law, Constitution of India, Code of criminal procedure, etc.

• Secondary Sources: Newspapers, journals, periodicals, etc.

LIMITATIONS OF THE STUDY:

There are various hindrances which can be faced by the researcher during the
formation of this project such as scarcity of time, expensive legal materials for
various research works, research done by an individual.
CONTENTS

1. INTRODUCTION
2. HISTORY OF NYAYA PANCHAYATS
3. CONSTITUTION OF NYAYA PANCHAYAT
4. COMPOSITION
5. JURISDICTION-POWERS, AUTHORITY, RESPONSIBILITIES
6. PROPOSED STRUCTURE OF NYAYA PANCHAYATS
7. PROCEDURE OF NYAYA PANCHAYATS
8. APPEALS FROM NYAYA PANCHAYATS
9. PAST EXPERIENCE WITH NYAYA PANCHAYATS
10. CONCLUSION
11. BIBLIOGRAPHY.
INTRODUCTION

Local self-government, to borrow a phrase from Sydney Webb, is “as old as the
hills”. This can be more true of India than any other country of the world. There is
sufficient evidence to establish the fact that the institution of local self-government is
almost pre-historic, and the conception of local self-government is indigenous to the
Indian soil. Municipal governments have flourished in India since times immemorial.
While empires rose and fell, village panchayats which formed an integral part of the
national life, helped to preserve democratic traditions in social, cultural, economic
and political life, survived the onslaughts of centuries of political upheavals and
saved Indian society from disintegration.
The existence of local bodies in ancient India is a positive proof of the inherent
genius of our people to manage local affairs efficiently and on a decentralized basis.
The decentralization of power in the kingdoms of the Maurya and the Gupta period
was unique. Such devolution of power was unknown to the western world until
modem times. The local governments at different levels, performing many functions,
though not very democratic, were sufficiently autonomous.
'Raj' literally means governance or government. Panchayat1 is an ancient institution
as antique as India. In fact, it has been the backbone of Indian villages since the
beginning of recorded history. Rabindra Nath Tagore also supported and he was of
the view that our aims must be to restore to the Villages the Power to meet their own
requirement.

Gandhi, in 1946 had aptly remarked that the Indian Independence must begin
at the bottom and every village ought to be a Republic with Panchayat, having
powers. Gandhi’s dream has been translated into reality with the introduction of the
three-tier Panchayati Raj System to ensure people’s participation in rural
reconstruction. The institution of Panchayati Raj is specifically designed for rural
population to take care of the problems of rural areas. It provides the administrative
apparatus for implementation of the programmes of rural development.

1
http://ed.wikipedia.org/w/index.phptitle=Panchayat & redirect, ‘Panchayat’ literally means assembly
fat) of five ranch) wise and respected elders chosen and accepted by the village community.
 The basic objective Panchayati Raj is to evolve a system of democratic
decentralization and devolution of power with a view to ensuring rapid socio-
economic progress and speedier and inexpensive justice. Traditionally, these
assemblies settled disputes between individuals and villages.

The Nyaya Panchayat was an informal and indigenous form of adjudication,

where there was informal hearing, no legal representation, examination of witnesses
and judgement pronounced in open court. The term Panchayat literally means
council of five. The principle underlying Panchayat is “Panch Parmeshwar”
which means God speaking through five. Ensuring a corporate life and being the
pivot of administration and real Centre of social life, the institutions occupied a
prestigious position.2

The village communities have been described as little republics, almost free
from external dependency.3 In the view of Will Durant, who is an American
thinker “the village community in ancient India - the Panchayat and democracy
that have ever been evolved in various parts of the world.”4 Democracy, which
derives its strength from the people, need their meaningful participation in local
governance to make society vibrant and the country prosperous and strong. The
passage of the Constitution (73rd Amendment) Act, 1992 marks a new era in
the federal democratic set us of the country and provides Constitutional status to
the Panchayati Raj Institutions (PRts). consequent upon the enactment of the
Act, almost all the States/UTs, except J&K, National Capital Territory (NCT)
Delhi and Arunachal Pradesh have enacted their legislations. Except Assam,

2
B.K.Raina, Working of Panchayati Adalats, A Case Study, Cochin University Law Review, p. 33.
3
E.I.Rapson, Cambridge History of India, (1935) p, 177
4
As quoted in S.R.Nigam, Local Govt. England, France, U.S.A., U.S.S.R and India (1978) p.216
Arunachal Pradesh, Bihar, NCT Delhi and Pondicherry, all other States/UTs
have held elections. As a result, 2, 27,698 Panchayats at village level; 5,906
Panchayats at intermediate level and 474 Panchayats at district level have been
constituted in the country. These Panchayats are being manned by about 34 lakh
elected representatives of Panchayats at all levels. This is the broadest
representative base that exists in any country of the world - developed or
underdeveloped.

In India, majority of the population lives in villages. Today, Panchayats are the
bedrock of India’s rural development and poverty alleviation efforts. It has the
potential of building a progressive India in harmony with the felt needs and the
aspirations of the people.

Generally, disputes among villagers are of small in nature, which can be

decided easily in practical way of settling disputes that is free from the
technicalities involved in urban court process. Recently two additional ADR
forums originated with main purpose is to access to justice. First, the modem
Nyaya Panchayats have been in existence in accordance with traditional village
customs as well as post-independence state legislation. There have been several
recent suggestions for its implementation on a national scale. Second, the Lok
Adalats, have been utilized informally in the past, but has recently received
statutory status on the national level.
HISTORY OF NYAYA PANCHAYATS

In India, Nyaya Panchayats have existed since ancient times and played very
important role in dispute resolution in villages. In Vedic age there were in existence
of Panchayat republics. The Vedic Sabha and Samiti were having elected bodies
including representative in character with full voting rights to women. These
institutions could probe into the conduct of kings, the misdeeds of the ministers and
the abuse of power by the powerful. An ancient Indian republic was a state where
the strong were just and weak secure. The Vedic king was the protector of the
people i.e., Janaya, along with that the self-governing institutions of ancient India
ran parallel in the villages. They were the backbone of the true Indian democracy.’

Village elders used to resolve disputes of villagers. These elders acquainted with
the people, local customs, conditions, language, habits and practices of these people
and so they could easily find out the reason behind any dispute. All the material
evidence to prove their respective cases present in village itself and there was no
question of concocting evidence arose. The Panchas used to resolve the problems
publicly and public opinion acted as a powerful influencing factor. Usually
witnesses could not speak lie in front of Panchas and other villagers who knew the
truth. Decisions of the Panchas were final and supreme.' Thus all these facilitated
quick, inexpensive and fair decisions.

In the ancient Smriti texts we also find reference of some village institutions viz.,
Kula, Sreni and Puga.' In 1673 the president of East India Factory at Surat
(Aungier) set up community Panchayats in Bombay, which decided disputes
amongst people of their own caste and community.
The pre-independence tries to bring back to the existence of made to reorganize rural
self-government through Panchayat. Between ancient, medieval and modern period, the
growth of Panchayats had ups and downs.

British rulers set up their courts to resolve the disputes. The people too realized that
the power of State was behind these courts and not behind old village Panchayats.
Hence the importance of the Panchayats day-by-day started losing their importance.
The commission took into account the subject of local self-government and strongly
recommended development of Panchayats to administer local village affairs. In
1920 in consequence of that many enactments were passed in different states5

A lack of systematic control over the administration of justice in villages,

characterized the system. Nyaya Panchayats in accordance with customs decided
disputes. Village elders or rulers were in frequently influential in these Nyaya
Panchayats. Sanctions were often in the form of fines, public disfavor or outright
banishment from the village. With the advent of British colonialism, which greatly
disrupted village life, Nyaya Panchayats fell into disuse.

In 1920-21 Gandhi, during the non-cooperation movement, spoke in favor of

boycott of law courts and favored village Panchayats for settling disputes so that
poor peasants did not have to go too far off towns to seek justice and waste their
hard earned money and time on litigants and be exploited by lawyers. Professor
N.G.Ranga observes that “without this foundation stone of village Panchayats it
would be impossible for our masses to play their rightful part in our democracy.
Gandhi concluded his outline of village government in the following words" “The
Panchayats will be the legislatures, judiciary and executive combined”.

Gandhi compared Gram-Rajya to Ram Rajya and his main aim was to assert the
values of Panchayat justice with a strong zeal to build an atmosphere in which the

5
H. Tinker, Foundations of Local Self Government in India, Pakistan and Burma (1954), p. 298
political system based on Western pattern could be consciously corrected. 6 D.S.
Seth too intended that the Government system should be founded on the Panchayati
institution, since he viewed that too much concentration of powers makes that
power totalitarian and takes in fascist ideals.7 H.V.Kamat stated that Indian polity in
ancient times was securely built on village communities, which were autonomous
and self-contained: that’s why Indian civilization has survived through all these
ages. Thus the Congress lobby in the Constituent Assembly unequivocally stated
that Panchyati Raj was the basic touchstone of our ancient political philosophy and
for that reason it should find place in the Constitution of country.

The Pachayati Raj institutions were accorded secondary position and also did
not provide an independent provision but as the submerged provisions finding place
amongst the scattered non-justifiable provisions as Directive Principles of State
Policy. Directive principles of State Policy depend upon purely on the will of the
government for their implementation. The Constitution as it emerged did not
include certain village-oriented Directive Principles of State Policy.8

Pachayats were included in Article 40 under the Directive Principles of the

Constitution of India. The importance of this article is that the power of the people,
which is the soul of a republic, stands subverted if decentralization and devolution
desiderated in Article 40 is ignored by Executive in action even after holding
elections to the floor-level of administrative bodies.9 Hence to materialize the aim
of democracy, the Power to organize Panchyayati Raj Institutions has been vested
in the States. Entry No. 5 in the State List of Seventh Schedule provides, “the local

6
G Austin, The Indian Constitution: Cornerstone of A Nation (1966), p. 50: and Upendra Baxi, “The
Little Done, The Vast Undone: some Reflections on Reading Granville Austin’s, The Indian
Constitution, Journal of Indian Law Institute (1967), Vol IX p. 343.
7
Constituent Assembly Debates, Vol. VIII, p. 219.
8
Constitution of India, Part-IV Article 37. This Article enacts, “The provisions contained in this part
shall not be enforceable by any court, but the principles therein laid down are nevertheless
fundamental in the governance of the country and it shall be the duty of the State to apply these
principles to made laws”.
9
N.M.Kheni v Manik Rao Patil, A I R., 1977 SC 2171.
government that is say, the Constitution and powers of municipal corporations,
improvement trust, district boards, mining settlement authorities and the other local
authorities for the purpose of local self- government or village administration.

The underlying principle hidden in the Article 40 is that village Panchyats as units
of self-government would go a long way in ensuring democratic decentralization
and creating an exhilarating feeling and a sense of confidence among the villages in
the sphere of decision making. 10 Hence the Panchayats has simulated a special
significance in the context of the fundamental aims of our political, economic and
social development of our country. These institutions are expected to be as sin qua
none of our rural programmes especially related to rural India to fight against
poverty, injustice and exploitation. ' The purpose of Article 40 is: “If India is to
progress it must so through reawakened village life.11 The philosophy behind under
this Article is to introduce democracy at the grassroots level and promote tree mains
aims:12

a) to foster the involvement of individuals throughout the nation in the process of

democratic government

b) to gain participation of villagers in national development from the village

upwards and thus promote improvements in the village conditions and render
justice — political, social and economic as envisaged in the very preamble of our
Constitution, and

c) to lessen the burden of state administration through decentralization

10
Sibnath Bhattacharya, Rural Poverty In India, (1989), p. 137.
11
Supra note, 24, p. 61.
12
Henry Meddick, “Panchayati Raj” , Journal of Local Administration Overseas, October 1962. p. 61.
 Gandhi considered the villages Panchayats as the foundation of self-government in
the country. The concept of society as per the view of Gandhian was that of
oceanic structure comprising of concentric circles of life and vibrant communities
of which the village or primary face-to-face community was to be the hub.
Jayaprakash Narayan, at the time agreeing with Gandhian philosophy more
elaborated the concept of Panchayati Raj in the form of “Communitarian society.13
In Gandhi’s dream of Panchayati Raj and his concept of power structure, life
was picturized as, consisting of concentric circles dependent and complimentary
to one another.” According to him, “Administration of justice by Panchayats in
village would be speedy, efficient and quick, would discourage litigation and help
settlement of disputes out of the court by agreement among the parties. It will also lay
foundation of non-violent democracy fostering love of justice among the people.’
He further gave the idea of Trusteeship and supported the view that the State was
under the duty to carry out the will of the people and not to dictate them.

Just after independence Gandhi recommended that India’s independence

must commence at the bottom, so that the character of India’s independence as
conceived by the Congress was based on Village autonomy. The Post-independence
phase of Panchayat Raj is inscribed with significant developments. In an attempt to
usher in social-economic and cultural transformation in the countryside, in 1952,
the government of India launched a Comprehensive Community Development
Programme encompassing almost all activities of rural development. Nevertheless,
the programme could not make much progress in realizing the dreams of the rural
masses. In order to investigate the causes for its failure, the Govt. of India set up a
high power study team in 1957, headed by Balwant Raj Mehta, a member of
parliament. The team detected that the failure of the community Development
13
Supra Note 24, p.18.
7777
 Programme was due to the conspicuous; the team recommended that a set of
institutional arrangements would have to be formed. This resulted in the creation
of a “three tier” system of Panchayati Raj institution to organize and manage
the rural development through the participation of people. By 1959, all the
states, had passed Panchayat Acts and by mid of 1990s Panchayats had reached all
the parts of the country.

The framework of new institutional arrangement comprised “Village

Panchayat” at the base. “Panchayat Samities” at the middle and “Zilla
Parishad” at the base.14

But the excitement and support for Panchayat did not last long. The
indifference towards Panchayat started growing. The Central Government
headed by the then Prime Minister of India, Moraji Desai appointed another
committee under the chairmanship of Sri Ashok Mehta in 1977, to report on
the status of Panchayati Raj institutions and recommended measures for their
revitalization adoption of a two-tier system at District and Mandal level and
establishment of a finance body like Panchayati Raj Finance Corporation for
providing credit to the Panchayats."15 The Gram Sabha has been removed from
Panchayati Raj institutions (PRIs) in India. The removal of Gram Sabha has
distanced the people at the grass-root level from the PRIs and within a short
period the entire PRI become inactive and moribund in almost all states. In
order to reinvigorate and revitalize Panchayats, the Govt. of India had again
appointed G.V.K Rao committee (1985) and L.M.Shingvi committee (1966).
Both the committees recommended, inter-alia, the following:
1) To grant Constitutional status to the Panchayats;
2) Devolution of financial resources to the PRIs;

14
Ibid
15
The Committee on Panchayati Raj Institutions, Ministry of Agriculture and Irrigation (1978), P. IV.
7777
 3) Conversion of PRls from two-tier to three-tier by reintroducing
Gram Sabha in the structure.
In 1989, the Rajiv Gandhi government, on the recommendations of the
G.V.K.Rao (1965) and L.M.Shingri (1986) committees, introduced a Bill for
amending the Constitution for giving Constitutional status to Panchayat’s, but
he did not succeed in doing so. In 1992, it was P.V. Narashimha Rao
Government who could amend the Constitution by introducing 73rd
Amendment to the Constitution along with the Nagarpalika.

7777
CONSTITUTION OF NYAYA PANCHAYAT

Several committees and commissions have closely scrutinized the Panchayat’s

justice system and have recommended for its retention and revitalization on the all
India level. Because of the increasing attention surrounding the Panchayat’s
movement and the pressing need for judicial reform, the recommendations of some
of these groups warrants further discussion.16 The most modern and most extensive
of these, the Law Commission of India’s “114th Report on Gram Nyaya
Panchaayats” (August 1986, chaired by justice D. A. Desai, hereinafter “LC
Report”). The recommendations of the report of the expert committee on Legal Aid,
Procedural Justice to the people” May 1973, chaired by justice Krishna lyer
(hereinafter “ECLA Report”), which for the most part are congruous with the
recommendations of the LC Report.17
The Constitution of India supports the introduction of democracy at the grass root
level. Article 40 directs that the State to take steps to organize village Panchayats
and provide with them such powers and authority as may be essential to enable
them to function as units of self-govt. Number of States have enacted laws for
organization and proper functioning of Panchayats. Nevertheless, these Panchayats
were not functioning up to the mark due to irregular and uncertain election. In order
to imbue with new life and vitality the Panchayati Raj institutions, Part IX was
added to the Constitution by Constitution Amendment Act, 1992 popularly known
as Panchayats Raj Amendment Act.18

Now, however, the 73rd Constitutional amendment has provided Constitutional

sanction to democracy at the gross root level. The present amendment envisages
Gram Sabha as the foundation of this system and provides for a three tier of
Panchayat Raj system at the village, intermediate and district level. Gram Sabha is a

16
Ibid.
17
Lawyers, January, 1990, P.8
18
http://www.isec.ac.in/Public%20Lecture%20Abstra
body comprising of all persons of a village registered as voters. Small States with
population of less than 20 lakhs may not constitute Panchayats at intermediate level.
The amendment makes certain their regular elections after every five years and also
provides for reservation of seats to members of Scheduled Castes and Scheduled
Tribes and women in the Panchayati Raj bodies. The Panchayats have been given
financial and administrative powers and whereas their establishment and devolution
of essential powers and authority of the Panchayat are conferred in the State Govt.
After coming into force of Panchayati Raj Act on 23rd March 1994 nearly 50 to 60
% of the States and Union Territories have either amended their old Panchayati Raj
Acts or have enacted new legislations.

Recently in Karnataka the Government with view to give more power to Panchayats
has introduced an amendment bill. The said amendment to the Panchayat Raj Act
virtually puts MLAs in the driver’s seat in respect of the selection of any
beneficiary for any scheme. Currently the grama sabhas are the deciding body in
this regard and the only platform we have that recognises true participation for
every citizen to participate in decision-making. This amendment revokes this right.

The message is loud and

clear: people are now being held to ransom by their MLAs, who want to usurp
virtually all powers, including those given to constitutionally mandate local bodies19

19
Nandana Reddy and Damodar Acharya, A Mortal Blow to Panchayat Raj. indian seminar.com
COMPOSITION

Altogether the seats in the Panchayat shall be occupied by persons chosen by direct
election from territorial constituencies in the Panchayat area. Each Panchayat’s area
shall be split into territorial constituencies in such way that the ratio between the
population of each constituency and the number of seats allotted to it, are same
throughout the Panchayat area.20 The chairperson of a Panchayat at the village level
shall be elected in such way as per the legislature of a State may provide. Similarly,
the chairperson of a Panchayat at the intermediate or District level shall be elected by
and amongst the elected members thereof. The superintendence, direction and control
of the preparation of electoral rolls and conduct of whole elections to the Panchayats
shall be conferred on State Election Commission.

JURISDICTION-POWERS, AUTHORITY, RESPONSIBILITIES

Usually the members of Panchayat are at the outset try to resolve the dispute by
consensus. In case when the Panchayat members fail to reach on the consensus then
decision will be by majority.21 The State legislature may provide the Panchayats with
such power and authority as may be essential to enable them to function as an
institution of Self Govt. These comprise preparation of plans for economic
development and social justice and implementation of schemes for social
development and social justice consisting those related to matters listed in the 11th
Schedule. In the 11th Schedule the matters which include are agriculture, land
reforms, animal husbandry, poultry, fishery, small scale industry, rural housing,
cottage industries, adult education, health and sanitation, primary health centers,
welfare of weaker sections etc. Besides State legislature may prepare law providing
Panchayats with power to levy, collect and appropriate certain taxes, duties toll and

20
Indian Bar Review,Vol.XXX (I) 2003, 74
21
/fiid 77
fees.
The jurisdiction of Nyaya Panchayats would be exclusive and other courts would be
ousted of jurisdiction of cases within the Nyaya Panchayats domain. The LC report
recommends jurisdiction extending to civil cases (without pecuniary limit) in certain
specified categories, such as inter alia, tenancy matters, boundary disputes family and
matrimonial matters, violations of the minimum wages Act and complaints against
local officials and bonded labour matters. 22 It also suggests criminal jurisdiction
equivalent to that ofjudicial magistrate first class under the Code of Criminal
Procedure (with power to impose a sentence of up to 3 years or fines up to Rs. 5000/-
or both). The COJ and ECLA Reports proposed civil jurisdiction over matters
involving less than Rs. 1000/- (although the ECLA Report recommended jurisdiction
up to Rs. 2000/- with written consent of the parties), criminal jurisdiction equivalent
to that of judicial magistrate second class, and jurisdiction over matters involving
family disputes and disputes falling under various laws which have “limited rural
impact.

22
The Lawyers, January, 1990. p. 7
PROPOSED STRUCTURE OF NYAYA PANCHAYATS

The Law Commission Report advocates for the establishments of Nyaya

Panchayats (which it calls “Grama Nyayalayas” to differentiate them from the ineffective
Nyaya Panchayats of the past), based on notions of participatory justice at the gross-roots
level in the village. These Nyaya Panchayats would operate from their adequately financed
headquarters at the taluka \ tehsil level; and, as far as possible, would dispense justice
at the site of the disputes, at the doorsteps of the people.23

Each Nyaya Panchayats would be composed of one presiding judge who is

legally trained and appointed as a member of the subordinate judiciary, and two lay
judges who have certain “suggested” minimum qualifications, such as literacy and a
higher secondary school education level. The lay judges would be chosen by
presiding judge from a panel selected by the District Magistrate and the District and
Sessions judges and approved by the Chief justices of the state’s High court. The
lay judges would bring a commonsense approach and knowledge of local customs,
traditions and behavioral patterns to the Nyaya Panchayats. The lay judges would
attend training sessions. The ECLA Report recommends the use of an entire lay
penal of judges with a secretary trained in law available for the Nyaya Panchayats
consultations."

The manner, in which the lay judges are chosen, i.e., by the nominative or
elective principle, has been a subject of great debate. However, the LC, ECLA and
COJ reports recommend the use of a nominative/indirect elective principle in order
to avoid problems in the Nyaya Panchayats with caste and communal factionalism,
partisan politics and socio-economic inequality which are often associated with
elections.

23
Ibid.
PROCEDURE OF NYAYA PANCHAYATS

The above three reports identify the need to change the judicial methodology
recently practiced in the court system, which is characterized by the passive role of
judges, compliance to mandatory procedural and evidentiary rules, litigiousness and
professionalism, to one more conciliatory, informal, inquisitorial and non-adversarial
in character. 5’ The reflection of the Nyaya Panchayats should be justice, and not
“lawyer law.” For the purpose of speedy justice, in civil cases, the code of Civil
Procedure and the Indian Evidence Act would not be applicable. Board simplified
rules of procedure would be adopted and guided by a Broad
sense of relevance” and also the Indian Evidence Act would not apply, in
criminal cases. However, due to Constitutional matters, the Code of Criminal
Procedure (or a modified simpler version of it, devised in accordance with Article
21 standards) would be utilized.
In the local language of the parties the proceedings of Nyaya Panchayats
may be conducted. The Nyaya Panchayats judges may be a special skill in
conciliation tactics and at the beginning stage required to take a conciliatory
approach in resolving any matter “social harmony” and preventive justice.” In the
event of settlement or compromise was not possible, adjudication would ensue and
the judges would follow an inquisitorial, active approach. The judges would have
broad powers to, suo moto, call for information from any source and to call
witnesses, so that no relevant material would escape them.’24

24
R.S.Rajput, The concept of village Republics and sprit of Article 40 in R.S.Rajput and D.R.Meghe
(Ed), Panchayati Raj in India: Democracy At Grassroots (1984), p. 54.
APPEALS FROM NYAYA PANCHAYATS:

In fact, the decisions of the Nyaya Panchayts shall be informal by justice,

equity and good conscience” and by consensus or majority and would be binding on
the parties. Under the LC Report suggestions, questions of law, in order to prevent
injustice, would be resolved by the pressing judge and would be binding on the lay
judges. A limited right of ‘revision” to the District Court would be lay only in cases
involving substantial questions of law. A right to appeal would lie, to accord with
Article 21 standards, in criminal cases in which a substantive sentence is imposed.
No court fees would be levied on any party.”

Appearance of Lawyers:
Opinion differs with regard to the question of the appearance of lawyers at the
Nyaya Panchayats. The COJ Report proposes the prohibition of any lawyers before
the Nyaya Panchayats. The ECLA Report proposes the prohibition of lawyers, save
in criminal matters punishable with imprisonment. The LC Report, since of the
expanded and exclusive jurisdiction it recommends proposes that lawyers should be
able to appear if a party so desires, but that no adjournments or changes in venue
should be granted for the convenience of the lawyers.

PAST EXPERIENCE WITH NYAYA PANCHAYATS

Nyaya Panchyatas have not functioned efficiently in the past. The failures are due to
a number of factors, such as inadequate financial support: ambivalence towards
providing even the minimum facilities for performing adjudicatory tasks, poor
training of the lay judges; extremely limited jurisdiction [including petty criminal
and pecuniary limited civil] which was concurrent with that of the regular court
system; a lack of sufficient sentencing and enforcement powers; long delays in
reaching decisions; social and political inequality due to the fact that the judges
were not compensated and therefore were more likely to come from the landed elite
classes; caste and communal factionalism because of the use of the elective
principle in selecting judges; the lack of broad local leadership and popular support;
and ideological ambiguities regarding the rationalizations for the Nyaya Panchayats
which have resulted in the indeterminacy of the statues of both, the Nyaya
Panchayats and their judge.
CONCLUSION

Village administration including administration of justice by Panchayats is

probably as old as village themselves. Rural reconstruction can be achieved
through changing the mindset of the rural people, particularly that of the
marginalized sections. They should not consider themselves merely as a cog in
wheel, but as the cornerstone of the governing system. This could only happen
when they become participators in decentralized governance, planning,
awareness of existence of laws and development. Governance from grass root
level gives much scope for development, but lack of awareness among the
poor, manipulation and exploitation of the masses by the local elite are
blocking the benefits of development from reaching to the neediest rural
people.
The challenge of governance in India today is to democratize the processes
and structures of public decision-making for mobilization and use of public
resources for the common public good. The challenge for ‘governance’ in
India, in practice, is to move towards a new set of standards. From an elite-led
model (as demonstrated by the IAS and other echelons of decision making) to
a mass base approach is quite a shift: a shift from an emphasis on national
coherence to local relevance and initiatives, from a system of one-way
accountability to the state to a process of mutual accountability to citizens, this
requires a total culture shift in Indian governance. Such a shift, difficult and
contentious as it may be, is the needed direction to more ‘governance to where
people matter’ in India. Effective rules or laws are essential whatever the
degree of decentralization of government.
Therefore, decentralization must be accompanied by more efficient
organization of the primary institutions that make, interpret and enforce laws.
Of these, the judicial system may be the immediate place to start. Given a
smoothly operating and independent judiciary, democracy - which gives
constituents the ability to replace their representatives routinely and easily will
be more effective than if it is only a revolving door for opportunism.
Accountability requires the law and democracy to work together.
The advantages of Nyaya Panchayats system as outlined in the various reports
discussed above, are many, and such a system would greatly facilitate
increased access to justice for all, including those previously denied effective
access. The Nyaya Panchayats system would ensure public participation in the
administration of justice. The Nyaya Panchayats would instill confidence and
help to alleviate litigants’ apprehensions regarding the judicial systems
because of their informal atmosphere, conciliatory approach, use of local
languages and lack of procedural and evidentiary technicalities, because the
adjudication of the Nyaya Panchayats would be based in part of the local
custom and tradition, many of the defects and inadequate of the ill-suited
British judicial system would be eradicated.

In making this recommendation, several points must be made about the

rationalization for the Nyaya Panchayats System First, the nation of the Nyaya
Panchayat as a revitalization of traditional village life must be abandoned. In
practice, given the highly stratified and culturally divergent character of Indian
society, a nation-wide scheme imposed on the villages from above which is
not created and organized by each village according to its particular customs
and exigencies, is bound to fail in achieving its objective of recreating
traditional village life. Second, the mere extension of the regular court system
to the village level, without a corresponding simplification of procedure and
change in judicial approach (from adversarial to inquisitional) would be
inadequate. Although possibly reducing the caseload of the higher courts, it
would still leave many people without access to justice because of the
expenses, fears, etc., surrounding the regular court system.
 The only cohesive and realistically effective rationale for the implementation
of a Panchayati system of justice is that of increasing access of justice for all
the citizens of India. By formulating and implementing an all-India level plan
for Nyaya Panchayats based on the particularly model of justice (utilizing
either nominated or elected lay judges) with simplified procedures and the
utilization of a non-adversarial, inquisitorial judicial approach, exclusive and
sufficient jurisdiction and adequate funding, access to inexpensive and
effective justice would be greatly facilitated.
However, certain safeguards must be implemented to assure that the landed
elite classes do not dominate the Nyaya Panchayats If the elective to run in the
election should be implemented, including no criminal record, no communal
or castiest background, income and property limits, and the reservation of
positions for women, scheduled tribes and castes. If the nominative method a
utilized, then similar qualifications should be set for eligibility for nomination.
If the Nyaya Panchayats system were implemented in this way, many of the
shortcomings of the past ineffective Nyaya Panchayats would be
safeguarded.25

25
Upendra Baxi and Marc Galanter, “Panchayat Justice: An Indian Experiment in Legal Access” in M.
Cappelleti (ed), Access to Justice (1979) Vol. III, p. 343 also Law Commission of India: 14(2) Report
(1958), p. 874.
BIBLIOGRAPHY

PRIMARY SOURCES

STAUTES

• CONSTITUITON OF INDIA

SECONDARY SOURCES

BOOKS
• G Austin, The Indian Constitution: Cornerstone of A Nation (1966)
• E.I.Rapson, Cambridge History of India, (1935)
• Indian Bar Review,Vol.XXX (I) 2003
• Upendra Baxi and Marc Galanter, “Panchayat Justice: An Indian
Experiment in Legal Access”

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