The Gram Nyayalayas Act, enacted by Parliament in 2008, mandates setting up grassroots-level courts to ensure justice is accessible and not denied due to social, economic, or other barriers.
New Delhi: The Supreme Court on Wednesday (Dec 18) emphasized that there cannot be a “straitjacket formula” for the establishment of Gram Nyayalayas nationwide, as the requirements and conditions vary across states.
The Gram Nyayalayas Act, enacted by Parliament in 2008, mandates setting up grassroots-level courts to ensure justice is accessible and not denied due to social, economic, or other barriers.
A bench comprising Justices B R Gavai and K V Viswanathan was hearing a plea seeking directives for the Centre and states to implement the Act under the supervision of the apex court.
“You can’t have a straitjacket formula for the entire country,” the bench remarked, highlighting variations in state-specific needs.
The Delhi government argued that Gram Nyayalayas were unnecessary in the capital due to the absence of gram panchayats. Additionally, the bench observed that some northeastern states have alternate traditional dispute resolution systems, leading to low caseloads in their courts.
Advocate Prashant Bhushan, representing the petitioner NGO National Federation of Societies for Fast Justice, highlighted the overwhelming case backlog in courts nationwide, asserting that most states lack adequate judicial infrastructure.
Senior advocate Nidhesh Gupta, acting as amicus curiae, informed the court that some states had filed affidavits following the court’s October 16 order. However, several states argued that the Act was either not mandatory or unnecessary due to existing infrastructure.
To address the disparities, the bench directed the chief secretaries of all states to submit affidavits within 12 weeks detailing responses to a questionnaire, including district-wise judge-to-population ratios. The court warned of strict action against non-compliance.
The amicus noted that, so far, Madhya Pradesh had operationalized 89 Gram Nyayalayas, while Karnataka had only two. The court scheduled the next hearing after 14 weeks.
In earlier proceedings, the Supreme Court emphasized that Gram Nyayalayas could significantly enhance access to justice.
On July 12, the apex court noted that establishing more Gram Nyayalayas would enhance access to justice, reduce the burden on trial courts, and provide affordable justice at the doorstep.
It directed chief secretaries and high court registrar generals to file affidavits within six weeks detailing the establishment and functioning of Gram Nyayalayas, including available infrastructure.
Bhushan had previously argued for a directive to all states to notify and establish Gram Nyayalayas as mandated by the Gram Nyayalayas Act of 2008, which requires the appointment of a ‘Nyayadhikari’ for each Gram Nyayalaya, a role eligible to be filled by a judicial magistrate first class.
Previously, on January 29, 2020, the apex court had directed states yet to notify Gram Nyayalayas to do so within four weeks and urged high courts to expedite consultations with state governments for their establishment.
