Report No. 114

1.2. Terms of reference of Judicial Reforms Commission.-

Subsequently on February 17, 1986, the work to be assigned to the proposed Judicial Reforms Commission was entrusted to the Law Commission The terms of reference relevant to judicial reforms on which the Law Commission was invited to work are as under:

1. The need for decentralisation of the system of administration of justice by

(i) establishing, extending and strengthening in rural areas the institution of Nyaya Panchayats or other mechanisms for resolving disputes;

(ii) setting up of a system of participatory justice with defined jurisdiction and powers in suitable areas and centres;

(iii) establishing other tiers or systems within the judicial hierarchy to reduce the volume of work in the Supreme Court and the High Courts.

2. The matters for which Tribunals (excluding services Tribunals) as envisaged in Part XIVA of the Constitution need to be established expeditiously and various aspects related to their establishment and working.

3. The procedural laws with a view generally to disposing of cases expeditiously, eliminating unnecessary litigation and delays in hearing of cases and reform in procedures and procedural laws and particularly to devising procedures appropriate to the terms envisaged in items 1(i) and 1(ii).

4. The method of appointment to subordinate courts/subordinate judiciary.

5. The training of judicial officers.

6. The role of the legal profession in strengthening the system of administration of justice.

7. The desirability of formulation of the norms which the Government and the public sector undertakings should follow in the settlement of disputes including a review of the present system for conduct of litigation on behalf of the Government and such undertakings.

8. The cost of litigation with a view to lessening the burden on the litigants.

9. Formation of an All India Judicial Service.

10. Such other matters as the Commission considers proper or necessary for the purposes aforesaid or as may be referred to it from time to time by the Government.