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Gram Nyayalayas - Political Science Study Material & Notes

The Gram Nyayalayas Act, 2008, mandates establishment of village courts to provide easy access to justice for people and reduce the case burden on the court system. This act requires the State Governments to establish Gram Nyayalayas with consultation of their respective High Courts.

Recently, the Union Law & Justice Minister has mentioned that state-wise progress for setting up of Gram Nyayalayas has not been encouraging and impressive.

Gram Nyayalayas

Gram Nyayalayas are also known as village courts which are established under the Gram Nyayalayas Act, 2008 meant for speedy and easy access to justice system in rural areas of India. The Gram

Nyayalayas Act came into force from 2 October 2009.

Important Features of Gram Nyayalayas:

from 2 October 2009. Important Features of Gram Nyayalayas: Gram Nyayalaya are generally established at headquarters

Gram Nyayalaya are generally established at headquarters of every Panchayat at thefrom 2 October 2009. Important Features of Gram Nyayalayas: intermediate level or a group of contiguous

intermediate level or a group of contiguous panchayats in a district where there is no

panchayat located at intermediate level.

The Gram Nyayalayas are presided over by Nyayadhikari , who has the same power, who Nyayadhikari , who has the same power, who

enjoys same salary and the benefits of a first class Judicial Magistrate. Such a Nyayadhikari

is

to be appointed by the State Government in consultation with their respective High Court.

Gram Nyayalaya has the jurisdiction over an area specified by a notification by the StateA

A

Government in the consultation with their respective High Court. The High Court can then

function as a mobile court at any place within the jurisdiction of such a Gram Nyayalaya.

The Gram Nyayalayas have powers of both civil and criminal jurisdiction. The jurisdiction ofany place within the jurisdiction of such a Gram Nyayalaya. the Gram Nyayalayas are fixed by

the Gram Nyayalayas are fixed by their respective High Courts.

Both the Central and the State Government can add or remove items in their Schedule. Whileabout Salient features of Indian Constitution here>> the Central Government can amend the list in the

the Central Government can amend the list in the Schedule I and II by notifying them and, afterwards laying it in the Parliament, the State Government can then amend the items in Part

III of Schedule I or II, in the law areas which the state is competent to enact the laws after due

consultation with their respective High Court and hence notifying it. Such a notification has to

be laid in State Legislature.

The Gram Nyayalayas can follow a special procedures in civil matter, in a manner that it is deemed just and reasonable in the interest of justice.it. Such a notification has to be laid in State Legislature. Gram Nyayalayas allow for conciliation

Gram Nyayalayas allow for conciliation of dispute and their settlement of the same in the first instance.it is deemed just and reasonable in the interest of justice. Gram Nyayalayas have been given

Gram Nyayalayas have been given power to accept certain evidences which would otherwise not to be acceptable under Indian Evidence Act.and their settlement of the same in the first instance. The appeals in criminal matters can

The appeals in criminal matters can be made to the Sessions Court in their respectivecertain evidences which would otherwise not to be acceptable under Indian Evidence Act. http://exampariksha.com 1/2

Gram Nyayalayas - Political Science Study Material & Notes

jurisdiction and in the civil matters the jurisdiction to the District Court within a period of one month from the judgement date.

Issues and problems related to Gram Nyayalayas:

The Gram Nyayalayas Act has not been implemented properly, as there have been only 194 functional Gram Nyayalayas in the country against a set target of 5000 courts.

A major reason behind these non-enforcement of includes financial constraints, reluctance of lawyers, police and different government officials.

With lukewarm response of the bar, non-availability of notaries and stamp vendors, along with

problem of concurrent jurisdiction of regular courts are major issues indicated by the States. These

issues are coming in the way of operations of the Gram Nayayalayas.

Steps taken by Government:

According to the Conference of Chief Justice of High Courts and Chief Ministers of the States, it was

decided that the State Government and High Court should decide the issues related to establishment

of Gram Nayayalas wherever feasible while taking into account their local problems. The focus of

setting up of Gram Nayayalayas is in the Talukas where these courts have not been set up.

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