INDORE INSTITUTE OF LAW

(AFFILIATED TO D.A.V.V. & BAR COUNCIL OF INDIA)

Subject- Local Self Government

TOPIC: “Nyaya Panchayat and its Role in the Administration of justice at

Rural Level”

SUBMITTED BY:

VIVEK KUMAR GUPTA

B.B.A.LL. B 9TH SEMESTER

SUBMITTED TO:

Asst. Prof Saurabh Kumar

ACADEMIC SESSION

2023-24
Enrolment Number: DL1901111 Roll No.:
90440544 Date of Submission:

CERTIFICATE

THIS IS TO CERTIFY THAT VIVEK KUMAR GUPTA, B.B.A.LL.B 9 TH SEMESTER HAS

SUCCESSFULLY COMPLETED THE RESEARCH WORK IN “NYAYA PANCHAYAT
AND ITS ROLE IN THE ADMINISTRATION OF JUSTICE AT RURAL LEVEL”
PARTIAL FULFILMENT OF REQUIREMENTS FOR THE KNOWLEDGE OF GIVEN BY
ASST. PROF. SAURABH KUMAR PRESCRIBED BY INDORE INSTITUTE OF LAW. THIS
ASSIGNMENT IS THE RECORD OF AUTHENTIC WORK CARRIED OUT DURING THE
ACADEMIC YEAR 2023-24.

TEACHER’S SIGNATURE -----------------------------------------

DATE-------------------------
 DECLARATION

I HEREBY DECLARE THAT THE PROJECT WORK ENTITLED “NYAYA PANCHAYAT

AND ITS ROLE IN THE ADMINISTRATION OF JUSTICE AT RURAL LEVEL”
SUBMITTED FOR FULFILLING THE ESSENTIAL CRITERIA OF INDORE INSTITUTE
OF LAW, IS A RECORD OF AN ORIGINAL WORK DONE BY ME UNDER
THE GUIDANCE OF ASST. PROF. SAURABH KUMAR IN B.B.A.LL.B 9TH SEM, INDORE
INSTITUTE OF LAW FOR THE ACADEMIC SESSION 2023-24.

NAME- VIVEK KUMAR GUPTA

B.B.A.LL.B

9TH SEMESTER
 ACKNOWLEDGEMENT

I, VIVEK KUMAR GUPTA STUDENT OF B.B.A.LL.B 9 TH SEM WOULD LIKE TO

EXPRESS MY SPECIAL THANKS OF GRATITUDE TO MY PROFESSOR AND GUIDE
ASST. PROF. SAURABH KUMAR WHO GAVE US THE GOLDEN OPPORTUNITY TO DO
THIS WONDERFUL ASSIGNMENT ON THE TOPIC “NYAYA PANCHAYAT AND ITS
ROLE IN THE ADMINISTRATION OF JUSTICE AT RURAL LEVEL”. I AM
SINCERELY GRATEFUL TO MY TEACHER FOR GUIDING US AND PROVIDING THE
RELEVANT INFORMATION AND THUS HELPING ME TO COMPLETE THE PROJECT
SUCCESSFULLY. I WOULD ALSO LIKE TO GIVE A HEARTY THANKS TO MY
PARENTS WHO SUPPORTED ME MORALLY AS WELL AS ECONOMICALLY IN
COMPLETION OF THIS ASSIGNMENT WITHOUT ANY TYPE OF PROBLEM. I WOULD
LIKE TO APPRECIATE AND THANK ALL MY FRIENDS AND ALMA MATES FOR
HELPING ME IN EVERY POSSIBLE MANNER IN THE WAY OF COMPLETION OF MY
PROJECT. LAST BUT NOT THE LEAST I WANT TO THANK THE ALMIGHTY WHO
MADE EVERYTHING POSSIBLE.
 TABLE OF CONTENTS

Contents
ABSTRACT....................................................................................................................................................6
INTRODUCTION...........................................................................................................................................7
CHAPTER 1 – CONSTITUTION OF NAYAY PANCHAYAT.................................................................................8
CHAPTER 2.................................................................................................................................................10
GRAM NYAYALAYA ACT, 2008...................................................................................................................10
CHAPTER 3.................................................................................................................................................16
INADEQUACIES OF GRAM NYAYALAYA......................................................................................................16
CONCLUSION.............................................................................................................................................18
REFERENCE................................................................................................................................................19
NYAYA PANCHAYAT AND ITS ROLE IN THE ADMINISTRATION OF JUSTICE AT
THE RURAL LEVEL

ABSTRACT

Panchayat justice is village self-government in action since ancient times in India at the level of
the administration of justice. As a kind of dispute resolution practice, Nyaya Panchayat has
played an important historic role in Indian society. This chapter introduces dispute resolution
practices in ancient India and their formalization in the Nyaya Panchayat Act. It goes on to
articulate details of Nyaya Panchayat in Indian society today, such as the functions of
constitution and composition. The system of Nyaya Panchayat is indispensable and should be
considered an important component of the Indian criminal justice system, with the Act utilized as
a tool of empowerment for the rural masses.

Keywords: Conciliation, Jurisdiction, Authority, Indian Administration of Justice

 INTRODUCTION

The village panchayats constitute very old and traditional/administrative institution in India.
With the decline of Mughal empire and advent of British power, this institution lost its prestige
and importance. But, during the later part of the British period they made some effort to restore
the condition of village panchayat with Village Court Acts of 1888. Which created panchayat
courts for the administration of justice.

The real effort, one can witness, was made only after independence, where a separate provision
was made in Article 40 of the Constitution of India, which declares. “The State shall take steps to
organize village panchayat and endow them with such power and authority as may be necessary
to enable them to function as units of self government. The aforesaid Article must be read with
Article 39-A of the Constitution which directs the State to secure that the operation of the legal
system promotes justice, on the basis of equal opportunity and shall provide free legal aid, by
suitable legislation of scheme or in any other way, to ensure that particular, opportunity for
securing justice are not denied to any citizen by reason of economic or other disabilities”. Thanks
to the seventy third amendment Act of 1992 the village panchayats have been blessed
Constitutional status.1

Nyaya Panchayats are the judicial components of the panchayat system, which forms the lowest
rung of our judiciary. They are created for the administration of justice at the local or rural level.

Reasons for setting up Nyaya Panchayats: The rationale behind setting up the Nyaya Panchayat
are following

(1) Democratic decentralization

(2) Easy access to justice
(3) Speedy disposal of cases
(4) Inexpensive justice system
(5) Revival of traditional village community life.
(6) Combination of judicial system and local self-government,
(7) Reduction in pressure on Civil Courts.

1
Article 40 of the Constitution of India
CHAPTER 1 – CONSTITUTION OF NAYAY PANCHAYAT
Constitution of Nyaya Panchayats:

Nyaya Panchayats constitutes a Sarpanch as its head and few panchai (generally it varies
between 10 to 30). Each member of Nyaya panchyat must be iterate and must be of minimum 30
years of age. The appointment is based on nomination and election.2

Jurisdiction of Nyaya Panchayats:

It has judicial functions both in civil as well as in criminal fields. It can deal with several minor
offences) like simple hurt, wrongful restraint, theft etc. and punish an accused to pay fine. In
civil matters nyaya panchayat have jurisdiction in cases like suits for money and goods etc.

The pecuniary limit of such cases is very low;

(1) Gram nyayalayas may take cognizance of an offence on a complaint or police report and
shall try all offences listed in the First Schedule to the Act. These include offences under
the Indian Penal Code, 1860, relating to criminal conspiracy, being paid to take part in
unlawful assembly or unarmed riot, and knowingly furnishing false information to public
servants, as well as offences under seven other central Acts. Gram nyayalayas shall also
try all offences under central Acts where the maximum punishment is imprisonment up to
one year (with or without a fine), is only a fine, or is a compoundable offence,

(2) The Second Schedule to the Bill lists civil suits that shall fall under the purview of gram
nyayalayas. These include suits related to land, water, property, wages, etc.

(3) The District Court may transfer all cases pending in subordinate courts that fall under the
jurisdiction of gram nyayalayas to the appropriate one.

(4) Gram nyayalayas shall not have jurisdiction in cases involving the government or any of
its officials acting in, their official capacity. They shall not try any claim cognizable by
revenue courts.

2
The Nyaya Panchayats Bill, 2009
 (5) If the Nya Adhikari is an interested party or is related to one of the parties, he shall refer
the case to the District Judge or Sessions Judge to transfer the matter to another Nya
Adhikari.

Procedure in Nyaya Panchayats:

The procedure laid down for trial of cases has been so designed as to avoid delays and technical
difficulties. Therefore procedure followed in nyaya panchayats is very simple and informal. The
procedure codes like Code of Civil Procedure, Criminal Procedure Code and Indian Evidence
Act apply to the nyaya panchyats, But, they have power to call witnesses and the parties for
recording their evidence or producing any relevant document or fact. Unlike courts, they have
the power to investigate the facts to find out the truth and at the same time they have the power
to punish for its contempt. Lawyers cannot appear before proceedings, nyaya panchyat in any of
its Proceedings.
CHAPTER 2

GRAM NYAYALAYA ACT, 2008

Access to justice by the poor and the disadvantaged remains a worldwide problem. Article 39 A
of the Constitution directs the State to secure that the operation of the legal system promotes.
justice, on the basis of equal opportunity, and shall, in particular provide free legal aid, by
suitable legislation or schemes or in any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities.

To give effect to the said mandate the Government has taken various measures to strengthen the
judicial system by simplifying the procedural laws, incorporating various alternative dispute
resolution mechanisms such as arbitrator, conciliation and mediation, conducting of Lok Adalats,
etc., establishing Fast Track Courts, special Courts and Tribunals and providing free legal aid to
the poor Women and children.

To provide access to justice at the grass roots level, the Law Commission of India in its one
hundred fourteenth Report on Gram Nyayalaya recommended establishment of Gram
Nyayalayas so that speedy, inexpensive and substantial justice could be provided to the common
man. Accordingly, the Government introduced the Gram Nyayalayas Bill, 2007 in Rajya Sabha
on fifteenth July, 2007 to give effect to the said' recommendations of the Law Commissions.3

The salient features of the present Act are as follows:

(1) The Gram Nyayalaya shall be court of Judicial Magistrate of the first class and its
presiding officer (Nyayadhikari) shall be appointed by the State Government in
consultation with the High Court. The qualifications, salary, terms and conditions of
service of the Nyayadhikari shall be the same as that of the Judicial Magistrate of the first
class.

(2) The Gram Nyayalaya shall be established for every Panchayat at intermediate level or a
group of contiguous Panchayats at intermediate level in a district or where there is no
3
Gram Nyayalaya Act, 2008
 Panchayat at intermediate level if any State, for a group of contiguous Panchayats at
intermediate level in a district or where there is no Panchayat at intermediate level if any
State, for a group of contiguous Panchayats.

(3) The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both
Criminal and Civil Courts. The pecuniary jurisdiction of the civil suits, etc shall be
notified by the concerned High Court.

(4) The Gram Nyayalaya shall try criminal cases, civil suits, claims or disputes which are
specified in the First Schedule and the Second Schedule to the proposed Bill.

(5) The Central Government as well as the State Governments have been given power to
amend the First Schedule and the Second Schedule of the proposed Bill as per their
respective legislative competence.

(6) The Gram Nyayalaya shall follow summary procedure in criminal trial as provided under
sub-section (1) of Section 262 and Sections 262, 264 and 265 of the Code of Criminal
Procedure, 1973 with certain modifications and as regards other matters which are not
provided in the Bill, the provisions of the Code of Criminal Procedure shall be applicable.

(7) The Gram Nyayalaya shall exercise the powers of a Civil Court with certain modifications
and shall follow the special procedure as provided in the Bill, as regards other matters
which are not provided in the Bill, the provisions of the Code of Civil Procedure, 1908
shall be applicable.

(8) The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about
conciliation between the parties and for this purpose, it shall make use of the conciliators
to be appointed for this purpose.

(9) The judgment and order passed by the Gram Nyayalaya shall be deemed to be a decree
and to avoid delay in its execution, the Gram Nyayalaya shall follow summary procedure
for its execution.
 (10) The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian
Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to
any rule made by the High Court.

(11) An appeal from the judgment, sentence or order of the Gram Nyayalaya in criminal cases,
to the extent provided in the Code of Criminal Procedure, 1973 shall lie to the Court of
session. which shall be heard and disposed of within a period of six months from the date
of filing of such appeal.

(12) An appeal from the judgment and order of the Gram Nyayalaya in civil cases, to the
extent provided in the Code of Civil Procedure, 1908 shall lie to the District Court which
shall be heard and disposed of within a period of six months from the date of filing such
appeal.

(13) A person accused of an offence under gram nyayalaya act can file an application of plea
bargaining under the provisions of Code of Criminal Procedure, 1973 and court has power
to consider over the application.

Advantages of Naya Panchayats over the regular courts:

(1) They provide an inexpensive and expeditious mechanism to settle disputes.

(2) They provide relief to the ordinary courts as they lift the part of burden of judicial work on
their shoulders. In a way, they are emerged on solution to the problem of mounting arrears of
cases before the courts.

(3) They provide justice at the door steps for the village folks

(4) They provide protection to the local customs and traditions.

(5) Panchayat System has a great educative value for the villagers.
Disadvantages of Nyaya panchayats:

(1) They are faction ridden institutions manned by laymen. Justice provided by them is based on
caste, community, personal or political considerations. Therefore, chances of injustice cannot be
ignored.

(2) It has been seen that panchas are often corrupt, partial and behave improperly or rudely.

(3) They are laymen, therefore ignorant of law and they often give arbitrary and irrational
decisions.

(4) One cannot ignore that casteism and groupings are major features of rural India and therefore
the influence of these shades on the justice cannot be According to 77th Report of the Law
Commission, wherein it observed that, it will be a backward step to revert to the premitive
method administration of justice by taking out disputes to a group of ordinary laymen ignorant of
modern complexities of life and not conversant with legal concepts and procedures.

The Mehta Committee did not get very enthusiastic response on the continuation and working
ofthe nyaya panchayat. It opposed the combination of judicial and executive functions in one
body and also recommended qualified judges to preside over nyaya panchayat.

Suggestive Measures Law Commission in its 114th Report concluded with the safeguards
designed to ensure nyaya panchayats proper working and improvement. These courts are capable
of playing a very necessary and useful part in the administration of justice in the country.

In this Report the Law Commission presented a new model for the establishment of nyaya
panchayats

The suggested model is as follows:

(1) Should be a panchayat judge and two lay judges in a nyaya panchayat. Where the panchayat
judge should be legally trained person belonging to the cadre of judges to be specifically set
up for the purpose.
(2) In order to select legally trained judge for nyaya panchayats the state shall constitute a
special cadre of Judges that is panchayatiraj cadre of judges.
 (3) The lay judges should be nominated not elected.
(4) The-local jurisdiction of the gram nyayala would be over villages comprised in a
Taluka/Tehsil.
(5) The nyaya panchayat would follow a simple procedure to dispose the cases.
(6) Neither the Code of Civil Procedure, 1908, nor the Indian Evidence Act, 1872 is to be
applied In its procedure.
(7) In criminal trials, the Code of Criminal Procedure, 1973 is to be applied but Indian
Evidence Act, 1872 should not applicable.
(8) Lawyers should be permitted to appear before the nyaya panchyats.
(9) No appeal shall lie in civil cases from the decisions of the nyaya panchayats, it a revision.
Petitionjtnay lie to correct errors of law which may have affected the decision of the nyaya
Panchayats to the district courts.
(10) In criminal case, an appeal would lie to the sessions courts against the decisions of the
Nyaya panchayats in which it was imposed a substantive sentence of imprisonment.

Moreover, as was recommended by the Civil Justice Committee, each party may be allowed to
Choose its own pancha and the Sarpancha or the Presiding Officer of the Panchayat Court should
Have a casting vote.

Yet another improvement to ensure impartiality can be to bring the dispute between two parties
belonging to a particular village before the panchas belonging to another village. This is possible
when a few closely situated villages decide to have one Nayaya Panchayat. The Panchas
belonging to another village will have no interest in the case or the dispute and will be in a
position to impart justice. Even, otherwise, there should be regular inspection of the Nayaya
Panchayat by the Tehsildar/Sub Divisional Officer or by the District Munsif himself to ensure
that the proceedings of the Nayaya Panchayat are free from caste/faction consideration.

There should be a provision for an appeal to the Munsif in case any party feels aggrieved by the
decision. Such provision should be there to keep a check on the functioning of the Panchayats,
To ensure impartiality, the District Munsif should have the power to transfer a case from a
Panchayat and decide it himself.
Difference between Nyaya Panchayat and Gram Nyayalaya:

Gram nyayalayas:

1.Vests power under Gram Nyayalaya Act,2008.

2.Chaired by Nyayadhikari

3.Criminal offences are to be tried under code follow special procedures. criminal procedure,
While in civil cases it can

4.Established by state government in consultation with the high court.

Nyaya Panchayat:

1. Panchayats working since ages in India, so social recognition.

2. Presided by local elders respectable persons.

3. Didn't follow any procedural code, works on the principle of natural justice.

4. established by the people in general.

Similarities between Gram Nyayalaya and Nyaya Panchayats:

1.Both works at grass root level, either in a village or a group of villages.

2.Both can be considered as a flop show in India,while nyaya Panchayat is still to be given legal
recognition.gram nyayalayas on the other hand are very few in number despite having legal
recognition.
CHAPTER 3

INADEQUACIES OF GRAM NYAYALAYA

The Act contains provisions which are likely to result in the unjust exclusion of the impoverished
from just legal processes thereby restricting access to justice.

a) Nature of Offences within the Domain of Gram Nyayalayas: Schedule I of the Act 4lists
those offences which can be adjudicated by the gram nyayalayas. Within its criminal jurisdiction,
theft, concealment, disposal and receiving of stolen property; and insult with intent to provoke a
breach of the peace are some of the offences that can be decided by these courts.

b) Circumscribed Right of Appeal: The most problematic part of the Act- Part VII deals with
appeals. Section 33 provides for appeals in criminal cases. Subsection (1) provides that
notwithstanding anything contained in the Cr.P.C. or any other law, no appeal shall lie from any
judgment, sentence or order of a gram nyayalaya except as provided hereunder. The Act already
prevents appeals in cases where the "accused person has pleaded guilty" or where the
gramnyayalaya has passed a sentence only of fine not exceeding Rs 1,000. This leads up to the
legally unjustiable Section 34 (2) that provides that no appeal shall lie from any judgment or
order passed by the gram nyayalaya:

(a) with the consent of the parties.

(b) where the amount or value of the subject-matter of a suit, claim or dispute does not
exceed Rs 1,000

(c) except on a question of law, where the amount or value of the subject matter of such
suit claim or dispute does not exceed Rs 5,000

It is crucial to note that Sections 33 and 34 provide for appeals in certain cases to the Court of
Session and the district court, respectively. Hence, a party can appeal the nyayadhikari's decision
to a session's court for criminal matters which must be decided in that forum by that judge within
six months. For civil matters the appeal should be directed to district court which must decide it
within six months.

4
Schedule 1 of the Gram nyayalaya Act, 2008
c) Summary Procedure and Plea Bargaining:

Gram nyayalayas shall follow summary trial procedure in criminal cases. This runs contra to the
Cr. PC that normally governs all criminal trials in the formal court system. Section 20 provides
that any person accused of an offence may file an application for plea bargaining in the gram
nyayalaya in which such offence is pending trial and the gram nyayalaya shall dispose of the
case in accordance with the provisions of the Cr.P.C. This provision for plea-bargaining must be
read in the context of Section 33(2) (a) which provides that no appeal shall lie where an accused
person has pleaded guilty and has been convicted on such plea. Further, plea-bargaining has been
introduced in the Cr. P.C. which governs the adjudication of criminal disputes in the court
system.

d) Interest of Justice:

While the scheme of the Act which details the special procedure in civil disputes is not entirely
undesirable, it is worthwhile to appreciate that Section 24 (7) provides that the proceedings shall,
"as far as practicable", be consistent with the interests of justice. This provision employs non
binding language and is conditional while dealing with an issue of prime importance. Any
however, this provision allows for non-compliance when it is not "practicable"

e) Civil Court sans Civil Procedure: In terms of civil suits, the gram nyayalaya has the power
of a civil court, and the judgment passed by it shall be executed as if it were a decree of a civil
court. However, the forum shall not be bound by the procedure in respect of execution of a
decree as provided in the C.P.C. and it shall be guided by the principles of natural justice.
Section 30 of the Act dealing with the application of the Indian Evidence Act, 1872, provides
that a gram nyayalaya may receive as evidence any report, statement, document, information or
matter that may, in its opinion, assist it to deal effectually with a dispute, whether not the same
would be otherwise relevant or admissible under the said Act.

f) Police Assistance: The Act also seeks to provide for assistance of police to the gram
nyayalayas, wherein every police officer functioning within the local limits of jurisdiction of
such a court shall be bound to assist in the exercise of its lawful authority. Further, it binds the
police officer or any other government servant to provide assistance when so directed by these
courts. Galanter and Krishnan document the manner in which police assistance has affected the
functioning of the Electricity Lok Adalats.

CONCLUSION

When 65 percent of our population resides in rural India, there seems to be no escape from some
form of nyaya panchayat. We need an effective institution which can provide justice near to the
door steps for the rural India. Otherwise, the justice will remain to be for the urban courts, which
is far from the reach of poor rural people. Therefore, to provide a semblance of justice, Nyaya
panchayats in some form have to be created on the basis of participation of the people. The
Seventy third amendment of the Constitution has given right direction in this regard.

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 justice was broadly in
the hands of village panchayats who administered justice with the help of local laws, customs
and practicality of the situation. There was no centralised legal system, and the system of
monitoring of the village panchayat’s functioning was almost lacking. It was the Britishers who
for the first time tried to introduce westernised legal system throughout the country. However, it
was only after independence that the village panchayats could be armed with a Separate legal
wing known as Nyaya Panchayats.

This system of administration of justice amounted to a hybrid legal structure which could not
find roots in the Indian soil. Within decade after independence, the Nyaya Panchayat system
began to lose its sheen. Lok Adalats as alternative dispute resolution mechanism started
grooming up. But the objective of delivering justice at the doorstep of the village community was
still a dream to be fulfilled. Gradually, after long deliberations on the recommendations of Law
Commission and other bodies, the Government introduced the concept of Gram Nyayalayas into
village scenario and the Gram Nyayalaya Act, 2008 came into existence in the year 2009. But th e
pace of implementation of this Act has been exceptionally slow.
REFERENCE

1. Shishir Bail, From Nyaya Panchayats to Gram Nyayalayas: The Indian State and Rural
Justice, 11(1) Socio-Legal Review 83, 97-98 (2015).
2. Ministry of Law and Justice, Central Assistance towards Recurring and non-recurring
expenditure for establishing and operationalising 42 Gram Nyayalayas in the State of
Andhra Pradesh-regarding, Government of India (Jan. 21, 2021),
https://doj.gov.in/sites/default/files/GN%20 Sanction%20 Andhra%20Pradesh.pdf.
3. Ministry of Law and Justice, Establishing Gram Nyayalayas by the State Governments-
General guidelines for central assistance to be provide to the States, Government Of India
(Dec. 16, 2009), https://doj.gov. in/sites/default/files/gmn_1.pdf.