In my opinion establishing of gram nyayalaya leads to corruption.  It is already juidicial system is corrupted. 

It may reduce the pendency of the cases, but no one will fear the court.  There is some respect to the courts still, but it willk be vanished.

So many things to say but I can't

the Gram Nayalaya Act comes into force today i.e. on 2nd of October 2009....in my opinion i dont think its going to be a good decision.

we can c failure of Mobile Courts (courts in bus) in Punjab and Haryana, rather than appointing new and competent judges the structure is being given expansion....provide good infrastructure to present courts then c the difference.

in Punjab 4 cities viz; Jalandhar, Patiala, Amritsar and Ludhiana, are likely to get evening courts too, but unfrotunately these will not be new courts with new presiding officers rather the present courts will act from 5pm to 7 pm, and i find it to be a ridiculous decision.  I am unable to understand when a judicial officer will dictate judgments if the court timing are extended to 7pm and in trial courts judgment writing is tougher than in HC or SC.

as far as Gram Nayalayas are concerned who will provide the adequate legal assistance.....and i believe with such type of decisions the quality of legal profession will also reduce....futher it will be a more corrupt system than the present one.

in my opinion, too much establishment of courts at different levels is nothing but just a mockery of the judicial system.

there is a very simple example, if one could observe just with a simple amendment in the Rent Laws of Urban Areas, a lot of civil litigation can be removed occuring between Landlord and Tenants, the economic and social structures have changed so the change in law is required.......those working in the AC rooms enjoying powers are probably not even aware of the basic problem of the Indian Judicial system.

lets c for how long this drama continues.

KIRANJI, U R RIGHTLY SAID, LOT OF OSOLATED LAWS, CORRECTIONS AND AMNDTS TO ACTS NEEDED. LET US FIGHT IN LCI FORUM FOR THE CHANGE OF THIS TYPE OF ATTITUDES OFEXECUTIVE &PARLIMENTARY

The salient features of the Gram Nyayalayas Act2008 are as follows:—

(i) Gram Nyayalayas are aimed at providing inexpensive justice to people in rural areas at their doorsteps;

(ii) 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;

(iii) 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 Panchayat at intermediate level in any State, for a group of contiguous Panchayats;

(iv) the Nyayadhikaris who will preside over these Gram Nyayalayas are strictly judicial officers and will be drawing the same salary, deriving the same powers as First Class Magistrates working under High Courts;

(v) the Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts;

(vi) the seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases;

(vii) 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 Act;

(viii) the Central as well as the State Governments have been given power to amend the First Schedule and the Second Schedule of the Act, as per their respective legislative competence;

(ix) the Gram Nyayalaya shall follow summary procedure in criminal trial;

(x) the Gram Nyayalaya shall exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act;

(xi) 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;

(xii) 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;

(xiii) 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;

(xiv) appeal in criminal cases 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;

(xv) appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal;

(xvi) a person accused of an offence may file an application for plea bargaining.

The Central Government has decided to meet the non-recurring expenditure on the establishment of these Gram Nyayalayas subject to a ceiling of Rs. 18.00 lakhs out of which Rs. 10.00 lakhs is for construction of the court, Rs. 5.00 lakhs for vehicle and Rs. 3.00 lakhs for office equipment. Government has also estimated that the Gram Nyayalayas upon establishment would incur a recurring expenditure of Rs. 6.4 lakhs per annum on salaries etc. and proposes to share such recurring expenditure with the State Government for the first three years within this ceiling.

More than 5000 Gram Nyayalayas are expected to be set up under the Act for which the Central Government would provide about Rs.1400 crores by way of assistance to the concerned States/Union Territories.

The Government is working out a roadmap for judicial reforms. The setting up of Gram Nyayalayas will be an important measure to reduce arrears. There are as many as 2.6 crores of arrears and the Gram Nyayalayas are likely to reduce around 50 % of the pendency of cases in subordinate courts and also to take care of the new litigations which will be disposed within six months. This measure will usher in great revolution in disposal of cases and also to take justice to the doorsteps of the common man.

Coming to the point,

This bill also excludes cases involving government servants from the jurisdiction of “gram nyayalyas” thereby making it toothless. There also exists a doubt whether this system is truly “alternative” in its character since bill says that each qualified “nyayadhikari” will be assisted by two other “lay –nyayadhikari” again from a cadre and the parties in this case don’t have the right to choose their mediator’s, unlike other ADR mechanisms.?????????

Then go through the below article:

Lawyers oppose establishment of village courts under the Gram Nyayalayas Act:

Lawyers practising in the Madras High Court Bench here boycotted the court proceedings on Thursday opposing the proposed establishment of over 5,000 village courts across the country under the Gram Nyayalayas Act, 2008.

The Bar Associations felt that institution of new courts would not be of any use unless the Central and State government took steps to fill up existing vacancies of judicial officers as well as ministerial staff besides providing necessary infrastructure.M. Subash Babu, President of the Madurai Bench High Court Advocates Association (MHAA), said encouraging the village courts to settle disputes through conciliation would only lead to ‘katta panchayat’ (kangaroo courts).

Referring to Section 27 of the Gram Nyayalayas Act which permits appointment of social workers as conciliators, he said: "It would facilitate political interference as it was happening in the case of appointing members to consumer courts."

"We are not against courts going to the villages. But it should not result in a situation where the judiciary would go into the hands of politicians. We feel people with legal knowledge alone are competent to hold such posts," he said.

Concurring with him, M. Ajmal Khan, former president of MHAA, opined that the State government had already established adequate number of courts at the Taluk level. The lacuna was only in equipping these courts with infrastructure.

"Earlier there was only one District Munsif court in Periyakulam for the entire Theni district. Now we have a Munsif court in all five Taluks of the district. When such is the situation, what is the necessity of establishing village courts?" he asked.

Mr. Khan also said the Centre could have circulated the draft Bill, before passing the enactment, to all Bar Associations in the country and enumerated their views. "The legal community should have been taken into confidence," he said.

The Act states that village courts would provide access to justice to the citizens at their doorsteps and ensure that opportunities for securing justice were not denied to any citizen by reasons of social, economic or other disabilities.

Section 6 stipulates that only a person qualified to be appointed as a Judicial Magistrate of first class should be appointed as the presiding officer of the village court. The officer should deliver judgements within 15 days of conclusion of trial in criminal cases and within six months of institution of civil suits.

 Article Link: https://beta.thehindu.com/news/states/tamil-nadu/article27882.ece

Dear Y. Prakash ji,

Establishment of Gram Nyayalayas are good to reduce burden in the District Courts. But a corrupted country like India, under political pressures is it possiable to get justice to the right person is a big question. Allready there are allegations against funtioning of our courts.

When India has a stern administrator then only it is possiable to bring our judicial system in right direction.

Comments and Suggestions on Gram Nyayalaya Bill, 2007

With Best Regards

S.Abubacker Siddiq

B.Com.,LL.B,B.Ed.,B.L.I.Sc

Advocate

Kangayam Road-Tirupur

TamilNadu 641606

 In my view the Grama nyalyalaya is not necessary  in India, best thing to develop infrastructure in 

all court, (mostly the court room is very dark and insufficient of spaces, no furnitures, no toilet, no advocate rooms, no visitors rooms- toilet  , etc.., )

Than computerize the filing system and judicial administration system.  

Create"  Judicial Police Force" for speedy judgement and execute the court orders.

develop the mutual understanding between  Union law ministry and state law ministry  .