Report No. 114

4.3. Composition of Nyaya Panchayats-'Panchayat Judges'.-

The constitutional goal is to set up an egalitarian society governed by rule of law. It is oft repeated with some emotional attachment that we may better be ruled by laws than by men. The wholly elective method of choosing members for Nyaya Panchayats may not permit a legally trained mind to get into it. Basic knowledge of laws to render justice according to law is must. Therefore, any composition of Nyaya Panchayats must ensure for a legally trained Judge. It is, therefore, suggested that persons recruited to the civil judicial service of a state as Munsif, District Munsif or Civil Judge (JD) should preside over the Nyaya Panchayats. They would also be subject to the jurisdiction of the High Courts under Article 235 of the Constitution. They would, however, be eligible for promotion as sub-judges, District Judges, etc. as at present prevalent in the Subordinate Judicial Service of the States.