PANCHAYATS AND NYAYA PANCHAYATS

A Project submitted in partial fulfilment of the course ALLTERNATIVE

DISPUTE RESOLUTION, 6th SEMESTER during the Academic Year
2018-2019

SUBMITTED BY:
Shreya Sinha
Roll No. - 1648
B.B.A LL.B

SUBMITTED TO:
Mr. Hrishikesh Manu
FACULTY OF ALTERNATIVE DISPUTE RESOLUTION

MARCH, 2019

CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,

MEETHAPUR, PATNA-800001
 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.B.A. LL.B (Hons.) Project Report entitled
“PANCHAYATS AND NYAYA PANCHAYATS” submitted at Chanakya National Law
University; Patna is an authentic record of my work carried out under the supervision of Mr.
Hrishikesh Manu. 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 the Candidate)

SHREYA SINHA
Chanakya National Law University, Patna

i
 ACKNOWLEDGEMENT

“IF YOU WANT TO WALK FAST GO ALONE

IF YOU WANT TO WALK FAR GO TOGETHER”
A project is a joint endeavour which is to be accomplished with utmost compassion, diligence
and with support of all. Gratitude is a noble response of one’s soul to kindness or help
generously rendered by another and its acknowledgement is the duty and joyance. I am
overwhelmed in all humbleness and gratefulness to acknowledge from the bottom of my
heart to all those who have helped me to put these ideas, well above the level of simplicity
and into something concrete effectively and moreover on time.
This project would not have been completed without combined effort of my revered
Alternative Dispute Resolution teacher Mr. Hrishikesh Manu whose support and guidance
was the driving force to successfully complete this project. I express my heartfelt gratitude to
him. Thanks are also due to my parents, family, siblings, my dear friends and all those who
helped me in this project in any way. Last but not the least; I would like to express my sincere
gratitude to our Alternative Dispute Resolution teacher for providing us with such a golden
opportunity to showcase our talents. Also this project was instrumental in making me know
more about Panchayats and Nyaya Panchayats. This project played an important role in
making me understand more about Panchayats and Nyaya Panchayats. It was truly an
endeavour which enabled me to embark on a journey which redefined my intelligentsia,
induced my mind to discover the intricacies involved in the competency of the people in the
Panchayats and Nyaya Panchayats.
Moreover, thanks to all those who helped me in any way be it words, presence,
Encouragement or blessings...

- Shreya Sinha
- 6th Semester
- B.BA LL.B

ii
 TABLE OF CONTENTS

Declaration…………………………………………………………………………………….i

Acknowledgement…………………………………………………………………………….ii

Table of Contents…………………………………………………………....……………….iii

Aims and Objectives……………………………………………………………………….…iv

Hypothsis..................................................................................................................................iv

Research Methodology......................................................................................................…...iv

1. Introduction………………………………………………………………………….1-2

2. History and Evolution.........….............................................................................…...3-7

3. Constitution and Functioning....................................................................................8-11

4. Jurisdiction..................................................................................................….…........12

5. Conclusion..............................................................................................................13-14

Bibliography……………………………...………………………….....………........………15

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 AIMS AND OBJECTIVES

The Aims and Objectives of this project are:

1. To study about the Panchayats and Nyaya Panchayats.
2. To study the history and evolution of Panchyats and Nyaya Panchayats.
3. To study the constitution of Panchyats and Nyaya Panchyats.
4. To study the functioning and jurisdiction of Panchyats and Nyaya Panchyats.

HYPOTHESIS

The researcher considers the following hypothesis:

1. The system of Panchyats and Nyaya Panchyats lead to a speedier justice in villages
and facilitate a better delivery of justice, moreover it saves a lot of time and money of
the villagers who do not have to approach the court.

RESEARCH METHODOLOGY

For this study, doctrinal research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.

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 INTRODUCTION

Local self-government, to borrow a phrase from Sydney Webb, is “as old as the hills”. This
can be truer 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 decentralised basis. The decentralisation 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.
The Panchayati Raj in India generally refers to the system introduced by constitutional
amendment in 1992, although it is based upon the traditional panchayat system of South Asia.
The modern panchayati raj and its gram panchayats are not to be confused with the extra-
constitutional khap panchayats (or caste panchayats) found in some parts of northern India.
While the panchayati raj system was formalized in 1992, leading up to that change, a number
of Indian committees studied various ways of implementing more decentralized
administration. Mahatma Gandhi advocated panchayati raj as the foundation of India's
political system, it would have been a decentralized form of government where each village
would be responsible for its own affairs. The term for such a vision was Gram Swaraj
("village self-governance"). Instead India developed a highly centralized form of government.
However, this has been moderated by the delegation of several administrative functions to the
local level, empowering elected gram panchayats.
There are significant differences between
(1) the traditional panchayati raj system,
(2) that envisioned by Gandhi, and
(3) the system formalized in India in 1992.

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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.

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 HISTORY AND EVOLUTION

Panchayats
The Institution of Panchayats in India dates back to ancient history when it performed the
role of a village government. During British regime, these Panchayats were relegated a sub-
servient position as the foreign rulers set up local self-governments on the pattern of their
own country. Mahatma Gandhi, Father of the Nation, conceived village Panchayats as a
potential instrument for the socio-economic and political transformation of the rural society
and cultivation of democratic way of life at the grass-root level. Accordingly, the directive
principles of state policy in our Indian Constitution enjoin the State to take steps to organize
village Panchayats and endow them with such powers and authority as may be necessary to
enable them to function as units of self-government. 1 Pursuant to this Constitutional
provisions many States enacted suitable legislation for setting up village Panchayats, while
others amended the already existing law with a view to promoting quicker development of
Panchayats and giving them a larger role than before. The community development projects,
started by the Government of India on October 2, 1952, imparted a momentum to the
movement of Panchayats. In 1958, Balwant Rai Mehta Committee recommended a three-tier
Panchayat system: Gram Panchayat at the lowest level, that is, the village; the Panchayat
Samiti at the Community Development Block Level; and the Zila Parishad at the District
level. These recommendations were endorsed by the National Development Council and
consequently the Government of India’s policy was based on these recommendations.2
It is to be noted that Panchayat Raj was not introduced all over the Country on a particular
day. Being State subject it was introduced according to their own policy and convenience.
Rajasthan state was the first State to introduce Panchayat Raj on October 2, 1959 by giving
effect to the Rajasthan Panchayat Samitis and Zila Parishad Act, 1959. It was followed by
Andhra Pradesh3 which set up 235 Panchayat Samitis and 20 Zial Parishads in the same year
i.e. 1959. The Mysore Village Panchayats and Local Board Act, 1959 envisages a three-tier
system in the Panchayats at Village Level, Taluka-Board at Taluk level, and Development

1
Article 40, The Constitution of India.
2
Preface - A Digest on Panchayat Raj (Ministry of Community Development and cooperation, Government of
India, New Delhi, 1961).
3
Andhra Pradesh Panchayat Samitis and Zila Samitis Act, 1959. Prior to this Panchayats have been functioning
in the State under the Madras Panchayat Act, 1950 in the ex-Madras area and under the Hyderabad Vilage
Panchayat Act, 1956 in the rest of the State.

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Council at District level.4 In Assam, Panchayats used to exist under the Assam Panchayat Act,
1958. Under the new “Assam Panchayat Act, 1959” the State has adopted a three-tier
structure of local-governing institutions. In Madras, the Madras Panchayat Act, 1958, which
came into force on January 1, 1960 provides for Panchayats at village level, and Panchayat
Union Council at the Block level. In Orissa, the State has introduced a three-tier system of
Panchayat Raj under the Orissa Zila Parishad Act, 1959. The Act has been given effect to by
constituting Panchayat Samitis all over the State on January 26, 1962. In Punjab, the Punjab
Panchayat Simitis and Zila Parishad Act, 1960 contemplates Panchayat Samitis at the Block
or Tehsil level and Zila Parishads at the District level. In the State of Maharashtra, a uniform
system of Panchayat Raj has been introduced in the entire State under the Bombay Panchayat
Act, 1958. In Bihar, Panchayats exist under the Bihar Panchayat Raj Act, 1947, as amended
by the Bihar Panchayat Raj (Amendment and Validating) Act, 1959. The State of Jammu &
Kashmir has also introduced Panchayat system on a two-tier level namely, Gram Panchayats
at Village level and Block Panchayats at Block Level. 5 In Kerala, the Kerala Panchayat Act,
1960 has brought the whole State under a uniform legislation on Panchayats. In Madhya
Pradesh, the Panchayat system was introduced from the year 1962.6 In other States as well as
in the Union territories, Panchayats are functioning under their respective legislative
enactments. The State of Haryana has adopted the Panchayat system under the Punjab Gram
Panchayat (Haryana Amendment) Act, 1972. In Himachala Pradesh, the Panchayats are
functioning under the Himachal Pradesh Panchayat Raj Act, 1968.
A potentially viable and useful structure of the Panchayat Raj, thus, exists in form, but
its effectiveness has been limited in practice. There has been considerable erosion in the
powers and functions of these institutions in many states. They suffer from inadequacy of
financial resources. The external sources in the form of aid or assistance from the State
Governments have been found inadequate to meet the rural requirements. For raising internal
sources in the form of “local taxes, fees etc. the Panchayats have shown little inclination.
Thus, starved of financial resources, the Panchayats cannot deliver appropriate results, as
required.

4
Prior to this, Panchayats used to exist under five different pieces of legislation applicable to five different areas
which constitute the new State. They were: The Mysore Village Panchayat and District Board Act, 1952; The
Madras Village Panchayat Act, 1950; Bombay Village Panchayat Act, 1933; The Hydrabad Gram Panchayat
Act, 1956 and Coorg Panchayat Raj Act, 1956. The new Act has brought the whole state uniformly under a
single legislation.
5
Jammu and Kashmir Village Panchayat Act, 1959.
6
The Madhya Pradesh Panchayats Act, 1962 as amended by subsequent Acts. The latest being the H.P.

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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 Ml 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.7
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. 8 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.9 In 1673 the president of East India Factory at Surat (Aungier) set up community
Panchayats in Bombay, which decided disputes amongst people of then own caste and
community. The pre-independence try to bring back to the existence of the local units of
administration throw a flood of light on the aspect that some efforts were made to reorganize
rural self-government through Panchayat. Between ancient, medieval and modem period, the
growth of Panchayats had ups and downs. The famous Mayo’s resolution of 1870 gave
impetus to the development of local institutions by enlarging their powers and
responsibilities, in 1882 Lord Ripon’s provided democratic framework to these institutions.
In fact the Mayo Resolution of 1870 on decentralization, Lord Ripon’s famous Resolution of
1882, the Report of Royal commission on decentralization, the Government of India
Resolution of 1915, and the Montague-Chelmsford Report of 1918 stand as a testimony to
reorganize the working of village courts, though not intended to reproduce the characteristics
of old time Panchayats.10 Thus India’s practice has been one long story of seeking access to

7
The Lawyers, January, 1990, P.6.
8
Indian Bar Review, Vageshwari, P,74
9
ibid
10
H. Tinker, Foundations of Local Self Government in India, Pakistan and Burma (1954), p. 298

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village people through their participation in the working of village courts. By and large, India
created an institutional infrastructure in her quest for public participation. 11 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-govt and strongly recommended development of Panchayats to
administer local village affairs. In 1920 in consequence of that many enactments were passed
in different states. A lack of systematic control over the administration of justice in villages,
characterized the system. Nyaya Panchayaths 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 disfavour or outright banishment from the village.
With the advent of British colonialism, which greatly dismpted village life, Nyaya
Panchayats fell into disuse. In 1920-21 Gandhi, during the non-cooperation movement, spoke
in favour of boycott of law courts and favoured 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.” 12 Gandhi concluded his outline of
village government in the following words 13 “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 political system
based on Western pattern could be consciously corrected. 14 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. 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.15 Thus the Congress lobby in the Constituent Assembly unequivocally

11
Upendra Baxi and Marc Galanter, “Panchayat Justice: An Indian Experiment in Legal Access” in M.
Cappelleti (ed), Access to Justice (1979) Vol. Ill, p.343.
12
8 Cited in M. Venkarrangian and M. Patabiraman, Local Government in India (1967), Vol. IX p. 343
13
Ibid, P. 247
14
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
ofIndian Law Institute (1967), Vol IX p. 343.
15
Constituent Assembly Debates, Vol. VIII, p. 219

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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.

CONSTITUTION AND FUNCTIONING

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Panchayati Raj Institutions
Though the basic structure of the PRIs is identical across the states of India, it is described via
different nomenclatures in different states. Panchayats in every state has its own
characteristics and even election procedures to these institutions are at variance.
A District Panchayat or Zilla Parishad is co terminus with the district. Each district has one
Zilla Parishad.
Similarly Block Panchayats or Panchayat Samitis are co terminus with blocks of the said
district.
A Block may have several villages within it, but Gram Panchayats are not necessarily co
terminus with each village. Depending on the size of population (as a matter of fact, number
of voters) a Gram is defined under the law with a specific geographical area, which may
consist of a single village or a cluster of adjoining villages.

Members of Panchayats:
A. Zilla Panchayat:
Each block Panchayat under a ZP elects one/two/three members directly (depending on
number of voters within it). Presidents of all the Block Panchayats are also ex-officio
members of the ZP. In some states the Member of Legislative Assembly (MLA) and Member
of Parliament (MP) of the district/constituency are also ex-officio members.
B. Block Panchayat or Panchayat Samiti:
Each GP under a Block Panchayat elects one/two/three members directly to the Block
Panchayat. GP pradhans are ex-officio members of the Block Panchayats.
C. Gram Panchayat:
A Gram as defined under the Act (meaning a village or a cluster of villages) is divided into a
minimum of five constituencies (again depending on the number of voters the Gram is
having). From each of these constituencies one member is elected. Body of these elected
members is called the Gram Panchayat. Size of the GPs varies widely from state to state. In
states like West Bengal, Kerala etc. a GP has about 20000 people on an average, while in
many other states it is around 3000 only.

D. Gram Sabha: 
In most of the states, each constituency of the members of the Gram Panchayat is called
the Gram Sabha and all the voters of the same constituency are members of this body.

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However, in some states this is called Ward Sabha/Palli Sabha etc. In West Bengal it is
called Gram Sansad (village parliament). Gram Sabha in West Bengal has a different
meaning. Here all the voters of the Gram Panchayat as a whole constitute the Gram Sabha.
Under the Constitution there can be only three tiers of the Panchayat. The Gram Sabha is not
a tier of the PR system. It does not have any executive function and operates as a
recommending body only.
Gram Sabhas hold meetings normally 2 to 4 times a year, but can meet as and when
necessary. In some states dates of these meetings are fixed (Madhya Pradesh, Gujarat etc.)
while in others dates are fixed by the Gram Panchayats. Issues to be discussed in the
meetings can be wide ranging but the essential agenda should include: Annual Action Plan
and Budget, Annual Accounts and Annual report of the GP, selection of beneficiaries for
different social service programmes (Indira Awas Yojana (IAY), Pension Schemes etc.),
identification of schemes for preparation of Annual Plan for development programmes (e.g.
MGNREGS) of GP, consideration of the Audit reports, analyses of GP’s performance etc.
The diagram at the end of the note demonstrates the typical structure of the rural local
governance system in India, taking the example of West Bengal.
Functioning of Panchayats
As per the Constitution, Panchayats in their respective areas would prepare plans for
economic development and social justice and also execute them. To facilitate this, states are
supposed to devolve functions to Panchayats (29 subjects as mandated) and also make funds
available for doing these (as per State Finance Commission’s recommendations). The
functions of Panchayats are divided among different Committees (as ministries are formed in
state and union governments), which are called Standing Committees/Sthayee Samitis/Upa
Samitis etc. One of the members remains in charge of each of such committees while the
over-all charge rests with the chairperson of the Panchayat. Panchayats are supported by a
host of other of officials, the number of which varies from state to state.
Apart from grants received from the government under the recommendation of the Finance
Commission, Panchayats receive schematic funds for implementation of schemes
(MGNREGS, BRGF, IAY etc.). They can also raise revenue by imposing taxes, fees,
penalties etc. as per rule of the state.

Nyaya Panchayats
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

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ofthe increasing attention surrounding the Panchayat’s movement and the pressing need for
judicial reform, the recommendations ofsome ofthese groups warrants further discussion.16
The most modem and most extensive ofthese, the Law Commission of India’s “114th Report
on Gram Nyayatayats” (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 Iyer (hereinafter
“ECLA Report”), which for the most part are congruous with the recommendations ofthe 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 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.19
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

16
Lawyers, January, 1990, P.8
17
ibid
18
http://www.isec.ac.in/Public%20Lecture%20Abstrac
19
ibid

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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 bodies.20
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. 21
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
ofwhole elections to the Panchayats shall be conferred on State Election Commission.22

JURISDICTION

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

20
Nandana Reddy and Damodar Acharya, A Mortal Blow to Panchayat Raj. indian seminar.com
21
Indian Bar Review,Vol.XXX (1) 2003, 74
22
ibid

11 | P a g e
majority.23 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-PROVING Panchayats with power to
levy, collect and appropriate certain taxes, duties tolls and fees.24
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.25 It also suggests criminal jurisdiction equivalent to that of judicial 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.”26

CONCLUSION

Village administration including administration of justice by Panchayats is probably as old as

village themselves. Rural reconstruction can be achieved through changing the mind-set of
the rural people, particularly that of the marginalized sections. They should not consider
23
Indian Bar Review,Vol.XXX (1) 2003, 77
24
ibid
25
The Lawyers, January, 1990. p. 7
26
ibid

12 | P a g e
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
democratise the processes and structures of public decision-making for mobilisation 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 move ‘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 in still 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

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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 casteist 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.27

BIBLIOGRAPHY

1. Anupam Kurlwal, An Introduction to Alternative Dispute Resolution System, Central

Law Publications, Allahabad
2. Avatar Singh, Arbitration and Conciliation, Eastern Law Books House, Lucknow

27
Upendra Baxi and Marc Galanter, “Panchayat Justice: An Indian Experiment in Legal Access” in M.
Cappelleti (ed), Access to Justice (1979) Vol. Ill, p. 343 also see Law Commission ofIndia: 14(2) Report (1958),
p. 874.

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3. Madabhushi Sridhar, Alternative Dispute Resolution -Negotiation and Mediation,
LexisNexis
4. N.V. Paranjape, Law Relating to Arbitration and Conciliation in India,Central Law
Agency, Allahabad
5. O.P.Malhotra & Indu Malhotra, The Law and Practice of Arbitration and
Conciliation, Thomson Reuters
6. P.C. Rao & William Sheffield, Alternative Dispute Resolution, Universal, Delhi
7. S.C. Tripathi, Arbitration, Conciliation and ADR, Central Law Agency, Allahabad
8. Sukumar Ray, Alternative Dispute Resolution, Eastern Law House, Kolkata
9. Susan Blake, Julie Browne & Stuart Sime, A Practical Approach to Alternative
Dispute Resolution, Oxford

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