Establishment

The Central Government has decided to meet the non-recurring expenditure on the establishment of these Gram Nyayalayas subject to a ceiling of ₹18.00 lakhs out of which ₹10.00 lakhs is for construction of the court, ₹5.00 lakhs for vehicle and ₹3.00 lakhs for office equipment.

More than 5000 Gram Nyayalayas are expected to be set up under the Act for which the Central Government would provide about ₹1400 crores by way of assistance to the concerned States/Union Territories. Under of the Gram Nyayalayas Act, 2008, it is for the State Governments to establish Gram Nyayalayas in consultation with the

respective High Courts.

Majority of States have now set up regular courts at Taluka level. Further, reluctance of police officials and other State functionaries to invoke jurisdiction of Gram Nyayalayas, lukewarm response of the Bar, non-availability of notaries and stamp vendors, problem of concurrent jurisdiction of regular courts are other issues indicated by the States which are coming in the way of operationalization of the Gram Nyayalayas.

The issues affecting operationalization of the Gram Nyayalayas were discussed in the Conference of Chief Justices of High Courts and Chief Ministers of the States in April, 2013. It was decided in the Conference that the State Government and High Court should decide the question of establishment of Gram Nyayalayas wherever feasible, taking into account their local problems. The focus is on setting up Gram Nayayalayas in the Talukas where regular courts have not been set up.

NOTES AND REFERENCES‌

1. The 20th Constitutional Amendment Act of 1966 added a new Article 233-A which retrospectively validated the

appointment of certain district judges as well as the judgements delivered by them.

2. In practice, the State Public Service Commission conducts a competitive examination for recruitment to the judicial service of the state.

3. A subordinate judge is also known as civil judge (senior division), civil judge (class I) and so on. He may also be given the powers of an assistant sessions judge. In such a case, he combines in himself both civil as well as criminal powers like that of a District Judge.

4. A munsiff is also known as civil judge (junior division), civil judge (class-II) and so on.

5. Delhi, Bombay, Calcutta and Madras were formerly called presidency towns.

6. Annual Report 2015-16, Ministry of Law and Justice, Government of India, pp.91-92.

7. P.T. Thomas v. Thomas Job (2005).

7a. India 2010 : A Reference Annual, Publications Division, Ministry of Information and Broadcasting, Government of India, p.711.

8. P.T. Thomas v. Thomas Job (2005).

9. Law Commission of India, Report No.222 entitled as "Need for Justicedispensation through ADR etc.,” April 2009, pp.22-23.

10. Annual Report 2015-16, Ministry of Law and Justice, Government of India, p.85.

11. Press Information Bureau, Government of India, September 29, 2009.