Question
Download Solution PDFConsider the following statements regarding Gram Nyayalaya:
1. Gram Nyayalaya was formed under the Lok Adalat Act, 1987 to provide access to justice at the grassroots level.
2. Gram Nyayalaya is mandatory for all states to establish within their jurisdiction.
3. Gram Nyayalaya does not deal with criminal cases at the grassroots level.
4. The state government can alter the jurisdiction of Gram Nyayalaya based on the local needs.
How many of the above statements is/are correct?
Answer (Detailed Solution Below)
Option 1 : Only one
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Detailed Solution
Download Solution PDFThe correct answer is option 1
Key Points
- Gram Nyayalayas were established under the Gram Nyayalayas Act, 2008, not the Lok Adalat Act, 1987. Hence, 1 is incorrect.
- It is not mandatory for all states to establish Gram Nyayalayas. The establishment of Gram Nyayalayas is optional for states. Hence, 2 is incorrect.
- Gram Nyayalayas can handle both civil and criminal cases of a specified nature at the grassroots level. Hence, 3 is incorrect.
- The state government has the power to alter the jurisdiction of Gram Nyayalayas in consultation with the High Court. Hence, 4 is correct.
Additional Information About Gram Nyayalayas:
- Gram Nyayalayas, or village courts, are established under the Gram Nyayalayas Act, 2008, for speedy and easy access to the justice system in the rural areas of India.
- The Act extends to the whole of India, except to the States of Nagaland, Arunachal Pradesh, and Sikkim and to the tribal areas specified in the Sixth Schedule to the Constitution of India.
- The State governments have been vested with the authority of setting up one or more nyayalayas, after proper consultation with the respective High Court, in every Panchayat at the intermediate level or group of adjacent Panchayats at the intermediate level of a district.
- However, the Act does not make setting up of Gram Nyayalayas mandatory.
- Presiding Officer: The Gram Nyayalayas are presided over by a Nyayadhikari (appointed by the State Government in consultation with the respective High Court), who will have the same power, enjoy the same salary and benefits as a Judicial Magistrate of First Class.
- Territorial Jurisdiction: The State governments are also sanctioned to control and alter the territorial jurisdiction of the Gram Nyayalayas from time to time, depending upon the requirement or circumstance.
- The Gram Nyayalayas will try criminal cases, civil suits, claims, or disputes which are specified in the First Schedule and the Second Schedule to the Act.
- The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Bharatiya Sakshya Adhiniyam, 2023, but shall be guided by the principles of natural justice, subject to any rule made by the High Court.
- Appeals:
- Criminal matters: An appeal against the decision of the Nyayalaya in a criminal matter can be filed in the Sessions Court of that jurisdiction.
- Civil matters: an appeal against any verdict of the gram Nyayalaya concerning a civil matter can be filed in a District Court of the concerned jurisdiction