Report No. 114

3.5. Selection/nomination of lay judges.-

It was not easy for the Commission to devise the method of selection of lay Judges. There are two known view points in this behalf, election v. selection. Various statutes in operation in various States dealing with Nyaya Panchayats have provided for election of members of Nyaya Panchayats either directly by the village community or indirectly by the elected members of the Nyaya Panchayat. The Commission was not unaware of the fact the system of election has comparative advantages and disadvantages. Undoubtedly, the country elects its political managers.

Political justice of 'one man one vote' has considerably politicised even the rural community. One may elect a representative to the Assembly or the Parliament and he would operate from a distance, but if one has to elect Judges in a Small politicised village community, the disadvantages would for outweigh advantages of elective system. The Commission in order to establish that justice must not only bidden but must seem to be done opted in favour of selected/nominated lay judges.