Question map
With reference to the 'Gram Nyayalaya Act', which of the following statements is/are correct? 1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases. 2. The Act allows local social activists as mediators/reconciliators. Select the correct answer using the code given below.
Explanation
The correct answer is option B (2 only).
Gram Nyayalayas are deemed to be a Court of Judicial Magistrate of First Class with both civil and criminal jurisdiction[2], which makes statement 1 incorrect. The Act does not restrict them to hearing only civil cases.
Regarding statement 2, the Gram Nyayalayas Act, 2008 does allow for local social activists to act as mediators or reconciliators in dispute resolution. This provision is part of the Act's framework to make justice accessible at the grassroots level and utilize community resources for amicable settlements. The Act was enacted to provide access to justice to citizens at their doorsteps and ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities[3], which aligns with the use of local mediators.
Therefore, only statement 2 is correct, making option B the right answer.
Sources- [1] https://www.pib.gov.in/PressReleasePage.aspx?PRID=1809619
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 38: Lok Adalats and Other Courts > GRAM NYAYALAYAS > p. 379
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Definition vs. Feature' question. Statement 1 is a direct test of your standard text (Laxmikanth) knowledge regarding the 'Judicial Magistrate' status. Statement 2 is a 'Spirit of the Law' question—if the aim is doorstep justice, local mediators are a logical inclusion. Trust the standard book for the hard limit (jurisdiction) and the Act's objective for the soft feature (activists).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under the Gram Nyayalayas Act (2008), are Gram Nyayalayas empowered to hear civil cases?
- Statement 2: Under the Gram Nyayalayas Act (2008), are Gram Nyayalayas empowered to hear criminal cases?
- Statement 3: Under the Gram Nyayalayas Act (2008), does the Act allow local social activists to act as mediators or conciliators in Gram Nyayalayas?
- Explicitly states Gram Nyayalayas have both civil and criminal jurisdiction.
- Says they are deemed a Court of Judicial Magistrate of First Class to settle petty disputes at village level — implying authority to hear civil cases.
States that the Gram Nyayalaya 'shall be a Judicial Magistrate of the first class' and names the presiding officer (Nyayadhikari).
A student can combine this with the basic fact that Judicial Magistrates primarily exercise criminal jurisdiction to infer Gram Nyayalayas likely have criminal powers (thus not limited to civil-only).
Repeats the feature that Gram Nyayalayas are constituted as a Judicial Magistrate of the first class and located at intermediate panchayat level to dispose of cases locally.
Using the common legal-role pattern that magistrates handle criminal trials/summaries, a student could suspect Gram Nyayalayas include criminal jurisdiction and therefore are not restricted to civil cases.
Notes that various local/panchayat courts historically try 'petty civil and criminal cases', giving an example pattern of grassroots forums handling both kinds of matters.
A student could generalize that institutions set up at village/panchayat level (like Gram Nyayalayas) may be intended to handle both civil and criminal disputes, so the 'civil-only' claim is questionable.
Contains a multiple‑choice test item that presents as a proposition the claim 'As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases', implying this is a noted statement to be evaluated (and possibly a common misconception).
A student could take this as a prompt to verify the Act's jurisdictional provisions (or to recall that the statement appears contestable), rather than accept the 'civil-only' assertion at face value.
Describes the Act's purpose to provide access to justice at the grassroots, a broad objective which typically encompasses both civil and criminal access to justice.
A student might reason that an access-to-justice measure aiming to ensure justice 'is not denied' would likely empower local fora to decide a range of disputes (civil and criminal) rather than only civil matters.
- Explicitly states a Gram Nyayalaya shall be a Judicial Magistrate of the first class (Presiding Officer = Nyayadhikari).
- Being designated a Judicial Magistrate of first class implies exercise of magistrate-level judicial functions (which typically include criminal jurisdiction).
- Describes that Panchayat/Nyaya Panchayat-type village courts try petty civil and criminal cases.
- Provides contextual precedent that grassroots rural courts handle criminal matters, supporting inference about village-level courts' criminal jurisdiction.
- States the Act was enacted to provide access to justice at the grassroots, indicating substantive judicial functions rather than only civil conciliation.
- Supports the purpose and institutional role of Gram Nyayalayas as functioning courts at village level.
States that the Gram Nyayalayas scheme incorporates alternative dispute resolution (ADR) mechanisms such as conciliation and mediation.
A student could check the Act's provisions to see who may perform ADR functions (e.g., whether non‑judicial/local persons are authorised).
Repeats that mediation and conciliation are part of the Gram Nyayalayas framework, suggesting ADR roles are contemplated by the scheme.
Use this to narrow focus to sections of the Act dealing with mediation/conciliation and eligible mediators.
Contains a test question that explicitly raises the claim that the Act 'allows local social activists as mediators/reconcilers', indicating this is a debated/recognized interpretation point.
Treat this as a pointer to examine legislative text or official rules to confirm whether 'local social activists' are mentioned or permitted.
Describes the Act's objective to provide access to justice at the grassroots and to not deny justice due to social/economic disabilities.
A student could infer that enabling local mediators might align with that objective and thus look for enabling provisions or rules empowering community actors.
Notes operational difficulties (lukewarm Bar response, reluctance of officials) in implementing Gram Nyayalayas, suggesting the system might rely on alternative dispute resolution resources.
Use this to hypothesize that the Act or its rules might permit community/lay mediators to overcome practitioner shortfalls and then verify in the statute.
- [THE VERDICT]: Manageable. Statement 1 is a 'Sitter' if you know the term 'Magistrate'. Statement 2 is 'Intuitive' based on the Act's grassroots nature.
- [THE CONCEPTUAL TRIGGER]: Subordinate Judiciary & Alternative Dispute Resolution (ADR) mechanisms (Article 39A).
- [THE HORIZONTAL EXPANSION]: 1. **Presiding Officer**: Nyayadhikari (Judicial Magistrate 1st Class). 2. **Procedure**: Summary trial; NOT bound by Indian Evidence Act, 1872 (guided by Natural Justice). 3. **Appeals**: Civil → District Court; Criminal → Sessions Court (must be disposed of in 6 months). 4. **Scope**: Can try offences under specific acts like Minimum Wages Act.
- [THE STRATEGIC METACOGNITION]: When studying any subordinate court (Family Court, Lok Adalat, Gram Nyayalaya), create a 3-column table: **Jurisdiction** (Civil/Criminal?), **Appeal** (To whom?), and **Evidence** (Bound by Evidence Act or Natural Justice?).
References state the Act was enacted to establish Gram Nyayalayas at the grassroots to provide access to justice and that State Governments establish them in consultation with High Courts.
High-yield for UPSC: knowing the objective and administrative set-up of statutes (who establishes courts, consultative requirements) helps answer questions on decentralised justice and federal/state roles. Connects to subjects like Panchayati Raj, judicial administration and centre–state relations. Prepare by memorising statutory purpose and establishment provisions and comparing similar acts.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 38: Lok Adalats and Other Courts > GRAM NYAYALAYAS > p. 379
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 38: Lok Adalats and Other Courts > Establishment > p. 381
One reference explicitly says the Gram Nyayalaya shall be a Judicial Magistrate of the first class, which bears directly on the nature of jurisdiction (criminal vs civil).
Crucial for questions about jurisdictional competence—knowing the statutory designation of the presiding officer helps infer types of cases dealt with and examine jurisdictional overlaps with regular courts. Useful in linked topics: subordinate courts, criminal procedure and decentralised dispute resolution. Study by mapping statutory office-holders to their usual jurisdictional powers.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 38: Lok Adalats and Other Courts > Features > p. 380
Evidence notes the Act does not mandate setting up Gram Nyayalayas and lists practical problems hindering operationalisation, which affects whether and how their jurisdiction (civil or criminal) is exercised on ground.
Important for analytic answers on implementation gaps—UPSC often tests difference between law on paper and law in practice. Links to governance, public administration and judicial reforms. Prepare by noting statutory vs implementation facts and examples of operational barriers.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 38: Lok Adalats and Other Courts > Establishment > p. 381
Reference [6] identifies the Gram Nyayalaya presiding officer as a Judicial Magistrate of the first class — central to inferring criminal jurisdiction.
Understanding the formal judicial status (magistrate class) explains the scope of powers and types of cases a court can try; this is frequently tested in UPSC questions on subordinate judiciary and criminal procedure. It links to topics on court hierarchy and jurisdictional limits; learn by mapping statutory designations to jurisdictional consequences and comparing magistrate classes across sources.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 38: Lok Adalats and Other Courts > Features > p. 380
Reference [3] shows establishment is left to State Governments (consultation with High Courts) and not mandatory, affecting where Gram Nyayalayas operate.
High-yield for federalism and implementation questions — UPSC often asks about Centre–State roles in judiciary-related schemes. Master by studying how statutes delegate implementation, typical barriers to roll-out, and implications for access to justice.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 38: Lok Adalats and Other Courts > Establishment > p. 381
Reference [8] records that Panchayat/Nyaya Panchayat courts try petty civil and criminal cases, providing precedent for grassroots courts exercising criminal jurisdiction.
Useful for comparing traditional panchayat dispute mechanisms with statutory village courts (Gram Nyayalayas) in questions on rural justice delivery. Study by contrasting jurisdiction, procedure, and constitutional/legislative status of different village-level forums.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 35: Subordinate Courts > STRUCTURE AND JURISDICTION > p. 364
References state the Act's core purpose is to provide access to justice at citizens' doorsteps and to prevent denial of justice due to social or economic disabilities.
High-yield for UPSC: questions often ask aims and rationale of judicial/legal reforms. This concept links to topics on legal access, social justice, and rural administration. Prepare by memorising statutory objectives and examples of institutional intent; useful for both static polity and policy-analysis answers.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 38: Lok Adalats and Other Courts > GRAM NYAYALAYAS > p. 379
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 38: Lok Adalats and Other Courts > GRAM NYAYALAYAS > p. 379
The 'Evidence' Trap: Gram Nyayalayas are NOT bound by the rules of evidence provided in the Indian Evidence Act, 1872. They are guided by the principles of natural justice. This is the next logical statement to be tested.
The 'Magistrate' Keyword Hack: Even if you haven't read the Act, standard books call the presiding officer a 'Judicial Magistrate First Class'. In Indian legal terminology, a 'Magistrate' specifically deals with **Criminal** cases (Civil judges are called Munsiffs/Civil Judges). Therefore, a body headed by a Magistrate *cannot* be 'Civil Only'. Statement 1 is technically impossible.
Mains GS-II (Judicial Pendency): Cite Gram Nyayalayas as a structural solution for 'Access to Justice' (Article 39A) and reducing the 4+ crore pending cases. Mention the 'Mobile Court' feature as a solution for rural connectivity.