Ethics Theory, TLP-UPSC Mains Answer Writing
Q. 2. Discuss the mandate and functions of Gram Nyayalayas. How are they different from Lok Adalats? Have they been effective in ensuring timely justice to rural population? (150 words, 10 marks)
Introduction
Gram Nyayalayas were established under the Gram Nyayalayas Act, 2008 to decentralize justice and ensure affordable, accessible, and speedy dispute resolution at the grassroots level, especially in rural India.
Body
Mandate and Functions:
- Statutory courts: Set up under a Central Act but established by State Governments in consultation with High Courts (Sec. 3, Gram Nyayalayas Act, 2008).
- Jurisdiction: Handle both civil and criminal cases including petty offences and local disputes listed in the First and Second Schedules of the Act.
- Mobile courts: Can hold proceedings at villages to increase accessibility, especially for women and marginalized communities.
- Conciliation-focused: Encouraged to settle cases through conciliation and plea bargaining, in line with principles of natural justice. •
- Summary procedures: Empowered to follow simplified procedures and accept evidence that may not strictly conform to the Indian Evidence Act.
→ While Gram Nyayalayas function like regular courts with judicial authority, Lok Adalats follow a distinct framework based on voluntary settlement.
Gram Nyayalayas vs Lok Adalats:
| Aspect | Gram Nyayalayas | Lok Adalats |
| Legal
Authority |
Statutory courts under Gram Nyayalayas Act, 2008; follow CrPC/CPC; appeal allowed. | Established under Legal Services Authorities Act, 1987; awards binding; no appeal. |
| Jurisdiction | Fresh and pending civil/criminal cases (e.g., theft, hurt, suits ≤ ₹5 lakh). | Pre-litigation and compoundable pending cases (e.g., cheque bounce, MACT). |
| Binding
Nature |
Formal decisions; appealable to higher courts. | Decisions are final and non appealable; deemed civil court decrees. |
| Presiding
Officials |
Judicial officer (Nyayadhikari); appointed by state judiciary. | Panel includes judges, lawyers, and social workers; chaired often by judges. |
| Legal Process | Trial conducted if no settlement; structured and adjudicative. | Based only on mutual settlement; if failed, case goes to regular court. |
| Performance | Only ~400 functional out of 5000 planned (2023 data); infrastructure issues persist. | Over 1 crore cases disposed in Nov 2023 National Lok Adalat (NALSA data). |
Effectiveness in Rural Justice:
- Limited coverage: As of 2022, only around 395 Gram Nyayalayas were operational against the target of over 5000.
- Infrastructural constraints: States cite lack of funds, space, and judicial officers for delay in implementation.
- Legal awareness gap: Rural citizens remain unaware or underconfident about accessing these courts.
- Positive interventions: Where functional, they reduce case pendency and increase local trust in justice delivery.
- Need for revival: Justice B.N. Srikrishna and Law Commission reports highlight their potential, if adequately supported.
Conclusion
Gram Nyayalayas, if implemented sincerely, can complement Lok Adalats in rural justice delivery. Their revival is vital to bridging the justice gap for India’s underserved rural population and ensure inclusive justice system.
