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Report No. 114

Gram Nyayalaya

Chapter I Constitution and Terms of Reference of Law Commission of India
1.1 Terms of reference of Law Commission
2. Terms of reference of Judicial Reforms Commission
3. Constitution and Composition of Law Commission
4. Reform in Judicial Administration
5. Circulation of working paper
6. Nation-wide debate
Chapter II The Overall Approach of The Eleventh Law Commission
2.1 Public impression on implementation
2. Real position
3. Status position
4. General approach to Law Reform
5. Approach of the Present Law Commission
6. Wider role for Law Commission
Chapter III Approach Disclosed in the Working Paper
3.1 Past attempts for reform
2. Participatory justice
3. Justice at Grass-roots level
4. New Forum
5. Selection/nomination of lay judges
6. Preparation of Panel of lay Judges
7. Composition of Gram Nyayalaya
8. Previous Report
9. Transport
10. Execution of the orders of forum
11. Jurisdiction (Civil)
12. Jurisdiction (Criminal)
13. Jurisdiction (Miscellaneous)
14. Extent of Debate
Chapter IV General Features of Response on the Working Paper
4.1 Views of State Governments
2. Workshops
3. Financial constraints
4. Difficulties of litigants
Chapter V Examination and Analysis of Critical Discussion on Certain Draft Proposals
5.1 Choice and policy decision
2. Evaluation of past experience
3. Problem to be examined in the light of Directive Principles-Renovation of the system imperative
4. Shift in the emphasis on the burden the court system to denial of justice to the citizen as a results of Article 39A
5. Disabilities in the Indian legal system
6. Alternative system
7. People's participation in the administration of justice
8. Indigenous system in India
9. Apprehension against re-activation of Nyaya Panchayat
10. Apprehensions about the Nyaya Panchayat system dispelled
11. Constitutional justification for a new forum of Nyaya Panchayat
12. From Nyaya Panchayat to Gram Nyayalaya
13. Structure of Gram Nyayalaya
14. Selection of the Presiding Judge
15. Selection of lay Judges
16. Authority and power to select the panel
17. Educational and other qualifications
18. Disqualifications
19. Training of lay Judges to articulate their approach
20. The problem of unanimity
Chapter VI Critical Examination on the Question of Jurisdiction, Powers Etc
6.1 Territorial Jurisdiction
2. Civil Jurisdiction
I. Civil Disputes
II. Property Disputes
III. Family Disputes
IV. Other Disputes
V. Criminal Jurisdiction
4. Matrimonial Jurisdiction
5. Revenue Jurisdiction
6. Seat of hearing
7. Non-application of certain laws
8. Procedure in Civil Proceedings
9. Constitution of the court
10. Procedure in criminal proceedings
11. Appearance of lawyers
12. Legal aid
13. Power to call for information
14. Language
15. Court-fees
16. Transport
17. Appeal or Revision
18. Ouster of the jurisdiction of courts
19. Execution of the orders of Gram Nyayalaya
20. Liaison Officer
Chapter VII Chapter VII
7.1 Conclusion
Appendix I Law Commission of India Working Paper on Alternative Forum for Resolution of Disputes at Grass-Roots Level
Chapter I Introductory
1.1 Genesis
2. Previous reports of Law Commission and other Committees
3. Fourteenth Report of the Law Commission
4. Seventy-seventh Report of the Law Commission
Chapter II Need for Restructuring The Judicial System
2.1 Reasons for inducting the alien system in India
2. Basic changes not manifested in the past
3. Failure of earlier efforts
4. Working paper on restructuring at grass-root level
5. Rural Majority
6. Cumbersome provisions of C.P.C. not suited for settling rural disputes
7. Nature of disputes in taluka/tehsil Courts
8. Stakes in disputes disproportionate to relief claimed
9. Problem to be examined in the light of Directive Principles-Renovation of the system imperative
10. Shift in the emphasis on the border in the court system to denial of justice to the citizen as a result of Article 39
11. Disabilities in the Indian Legal system
12. Alternative system
13. Re-structuring to start at grass-root level
Chapter III Nyaya Panchayats
3.1 History of Nyaya Panchayats
2. Report of the Study Team on Nyaya Panchayats
3. Recommendations of Panchayat Raj Committee and Legal Aid Committee set up by the Government of Gujarat
4. Reintroduction of Nyaya Panchayats best example of people's participation in the administration of justice
5. Apprehensions about the Nyaya Panchayat system dispelled
6. Nyaya Panchayats formed by the Rajagopaul Committee
Chapter IV Proposal for Adoption of a New forum of Nyaya Panchayats
4.1 Composition of existing Nyaya Panchayats
2. Constitutional justification for a new forum of Nyaya Panchayat
3. Composition of Nyaya Panchayats-'Panchayat Judges'
4. Continuation of existing Nyaya Panchayat laws
5. Panel of laymen to be kept for appointment of Panchayat Judges
6. Composition of Panchayat Court for specific cases
7. Procedure
8. Transport to be provided to the Panchayat Judges
9. Employed lay members of Panchayat deemed to be on duty
10. Execution of orders of Nyaya Panchayats
11. Civil Jurisdiction of Nyaya Panchayats
12. Criminal jurisdiction of Nyaya Panchayat
13. Simple procedure for the resolution of disputes
14. Appearance of lawyer not favoured
15. Revision against the orders of Panchayat Courts
16. Exclusion of certain areas where courts with people's participation are successful
17. Impact on appeals to District Court
18. Views invited
Appendix II Workshops
Delhi-18th and 19th January, 1986
Salem-1st and 2nd February, 1986
Jaipur-1st and 2nd March, 1986
Varanasi-15th and 16th March, 1986
Ranchi-22nd and 23rd March, 1986
Calcutta-29th and 30th March, 1986
Indore-5th and 6th April, 1986
Appendix III
A. State Governments
B. High Courts and Judges of the High Courts
C. District judges
D. Bar Councils/Bar Associations
E. Associations
F. Advocates
G. Individuals

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