NYAYA PANCHAYAT

A project submitted in partial fulfilment of the course ALTERNATIVE

DISPUTE RESOLUTION, 6th SEMESTER during the Academic Year 2018-
2019

SUBMITTED BY:
KHUSHBU KUMARI
Roll No. – 1533
B.A LL.B

SUBMITTED TO:
Faculty of ADR
Mr. Hrishikesh Manu

MARCH, 2019
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,

MITHAPUR, PATNA-800001

1
 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A. LL.B (Hons.) Project Report entitled

“Nyaya Panchayat” submitted at Chanakya National Law University,

Patna is an authentic record of my work carried out under the supervision of Mr. Hrishkesh

Manu. I have not submitted this work elsewhere for any other degree or diploma. I am fully

responsible for the contents of my Project Report.

(Signature of the Candidate)

KHUSHBU KUMARI

Chanakya National Law University, Patna

5/03/2019

2
 ACKNOWLEDGEMENT

A project is a joint endeavour which is to be accomplished with utmost compassion, diligence

and with support of all. Gratitude is a noble response of one’s soul to kindness or help

generously rendered by another and its acknowledgement is the duty and joyance. I am

overwhelmed in all humbleness and gratefulness to acknowledge from the bottom of my

heart to all those who have helped me to put these ideas, well above the level of simplicity

and into something concrete effectively and moreover on time.

This project would not have been completed without combined effort of my revered

Alternative Dispute Resolution teacher Mr. Hrishikesh Manu whose support and guidance

was the driving forces to successfully complete this project. I express my heartfelt gratitude

to her. Thanks are also due to my parents, family, siblings, my dear friends and all those who

helped me in this project in any way. Last but not the least; I would like to express my sincere

gratitude to our Alternative Dispute Resolution teacher for providing us with such a golden

opportunity to showcase our talents. It was truly an endeavour which enabled me to embark

on a journey which redefined my intelligentsia, induced my mind to discover the various

events and provisions which led to the development of law in India.

Moreover, thanks to all those who helped me in any way be it words, presence?

Encouragement or blessings...

- Khushbu Kumari

- 6th, Semester

- BA LL.B

3
 TABLE OF CONTENTS
Acknowledgement …………………………………………………………………………….3

Table of Contents…………………………………………………………………………...... 4

Introduction……………………………………………...……………………………………5

Aims and Objectives……………………………………..…………………………....………7

Hypothesis……………………………………………………………………………………..7

Research Methodology………………………………………………………………………..7

Limitations…………………………………………………………………………………….8

1. Introduction…………………………………….......................……………………………..……5

2. History Of Nyaya Panchayats..............................................................................................9

3. Nyaya Panchayats And The Constitutional Ideal Of Justice ............................................11

4. Nyaya Panchayats And Independence Of Judiciary As A ‘Basic Feature’ Under The

Constitution....................................................................................................................... 13

5. Gram Kutcchery Under Bihar Panchayat Raj Act ............................................................16

6. Conclusion..........................................................................................................................18

Bibliography…………………………………………………………………………………19

4
 INTRODUCTION

Nyaya Panchayat – meaning. Etymologically, Nyaya means justice. Panchayat means village
council or body of village men regarding village administration. So, in simple terms Nyaya
Panchyat means Panchayat court.

The main function of the Nyaya Panchayat is to settle the dispute by way of conciliation and
mediation. The main purpose of the Nyaya Panchyat is to resolve the dispute through the
acceptable settlement.

The concept of the Nyaya Panchayat is not known to us. In the early days, even in days of
Aristotle, people also took part in the judicial delivery system. In the age of Smiriti Sastras,
the resolving the dispute between the villagers and villagers were decided by village headman
or Kulo or village assembly. In early days of our Indian Judicial System State Courts were
established under Village Court Act, 1988 i.e. Madras Village Court Act. Under the Madras
Village Court Act the panchayat were appointed by the way of election and this court
exercise jurisdiction in village or a group of villages where population is not less than five
hundred.1

Panchayat court and village courts were established in the villages with limited jurisdiction to
decide cases. Sometimes they were elected by the election or sometimes they are nominated
by the government. It furthers appears that sometimes they are appointed by the villagers and
elected through the Panchayat members. Before the enactment of the Government of India
Act, 1935 almost all the provinces of British India enacted Village Panchayat Act for the
creation of the village court and they vested with limited jurisdiction to the village court to
resolve the small and petty cases. Prior to the Mughal period, village communities created
their own Panchayats. There was no element of election. Nyaya Panchayat dealt with the
resolution of disputes. 2

Sometimes the Panchayat and Nyaya Panchayat are used synonymously but the there is gulf
of differences and demarcation of function between the Panchayat and Nyaya Panchayat . 3

1
B.K.Raina, Working of Panchayati Adalats, A Case Study, Cochin University Law Review, p. 33.
2
Ibid
3
EJJRapson, Cambridge History ofIndia, (1935) p, 177.

5
The Nyaya Panchayat was an informal and indigenous form of adjudication, where there was
informal hearing, no legal representation, examination of witnesses and judgement
pronounced in open court. The term Panchayat literally means council of five. The principle
underlying Panchayat is “Panch Parmeshwar” which means God speaking through five.
Ensuring a corporate life and being the pivot of administration and real centre of social life,
the institutions occupied a prestigious position.4

In India, majority of the population lives in villages. Today, Panchayats are the bedrock of
India’s rural development and poverty alleviation efforts. It has the potential of building a
progressive India in harmony with the felt needs and the aspirations of the people. Generally
disputes among villagers are of small in nature, which can be decided easily in practical way
of settling disputes that is free from the technicalities involved in urban court process.
Recently two additional ADR forums originated with main purpose is to access to justice.
First, the modem Nyaya Panchayats have been in existence in accordance with traditional
village customs as well as post-independence state legislation. There have been several recent
suggestions for its implementation on a national scale. Second, the Lok Adalats, have been
utilized informally in the past, but has recently received statutory status on the national level.5

4
As quoted in S.R.Nigam, Local Govt. England, France, U.S.A., U.S.S.R and India (1978) p.216
5
Ibid

6
 AIMS AND OBJECTIVES

The aims and objectives of this project are:

1. To study about the function and history of Nyaya Panchayat.

2. To study about the evolution and working of Nyaya Panchayat.

HYPOTHESIS

The researcher consider the following hypotheses:

1. The main function of Nyaya Panchayat is to settle the by way of conciliation and
mediation.
2. The main purpose of the Nyaya Panchyat is to resolve the dispute through the
acceptable settlement.

RESEARCH METHODOLOGY

The researcher has adopted doctrinal method of research only.

SOURCES OF DATA

The researcher has used both primary and secondary sources of data.

PRIMARY SOURCES

1. Constitution of India

SECONDARY SOURCES

Secondary sources include books, articles, magazines, journals, websites etc.

BOOKS
1. Ray Sukumar , Alternative Dispute Resolution, Eastern Law House

2. Jain M.P , Indian Constitutional Law, Lexis Nexis Publication, Seventh Edition

3. Mathur S. N. , Nyaya panchayats as instruments of justice, Concept Publishing

Company

7
 STYLE OF WRITING

The researcher has used both descriptive and analytical styles of writing.

MODE OF CITATION

The researcher has used a uniform mode of citation throughout this paper.

SCOPE AND LIMITATIONS OF THE STUDY

Though the researcher has tried her level best not to leave any stone unturned in doing this
project work to highlight various aspects relating to the topic, but the topic is so dynamic
field of law ,the researcher has sight with some of unavoidable limitations. The limitations
encountered by the researcher were the paucity of time.

8
 CHAPTER-1

HISTORY OF NYAYA PANCHAYATS

History of Nyaya Panchayats in India, Nyaya Panchayats have existed since ancient times
and played very important role in dispute resolution in villages. In Vedic age there were in
existence of Panchayat republics. The Vedic Sabha and Samiti were having elected bodies
including representative in character with full voting rights to women. These institutions
could probe into the conduct of kings, the misdeeds of the ministers and the abuse of power
by the powerful.

The Mayo Resolution of 1870 on decentralization, Lord Ripon’s famous Resolution of 1882,
the Report of Royal commission on decentralization, the Government of India Resolution of
1915, and the Montague-Chelmsford Report of 1918 stand as a testimony to reorganize the
working of village courts, through not intended to reproduce the characteristics of old time
Panchayats.6

In 1920 in consequence of that many enactments were passed in different states. A lack of
systematic control over the administration of justice in villages, characterized the system.
Nyaya Panchayaths in accordance with customs decided disputes. Village elders were in
frequently influential in these Nyaya Panchayaths. Sanctions were often in the form of fines,
public disfavour or outright banishment from the village. With the advent of British
colonialism, which greatly disputed village life, Nyaya Panchayats fell into disuse.

The Royal Commission on Decentralisation in 1907 was the first to highlight the constitution
and development of village panchayats with administrative powers and jurisdiction in ‘petty’
civil and criminal cases.7 The first state to introduce these panchayats through legislation was
Madras through the Village Courts Act of 1888. This was followed up by most of the other
states in the country at that time.8

6
Indian Bar Review, Vageshwari, P,74
7
B. S. Cohn, Anthropological Notes on Disputes and Law in India, 67(6) American Anthropologist 82, 96
(1965).
8
The Law Commission of India in its 14th Report provides a useful list of the individual states and enactments.
Law Commission of India (1958), supra note 8, at 878

9
Each state enactment contained minor differences in terms of constitution and jurisdiction,
however to a large extent the jurisdiction of these tribunals in civil cases was restricted to
(1) suits for money due on contract;
(2) suits for recovery of movable property;
(3) suits for compensation for wrongfully taking movable property and
(4) suits for compensation for damage caused by cattle trespass.

Members of the Nyaya Panchayats in most states were appointed through the process of
election. These elections were either direct, or involved variations of indirect election and
nomination.9 Nyaya Panchayats were generally exempted from strictly observing the
procedures contained in the Codes of Civil and Criminal Procedure, as well as the Indian
Evidence Act. Lawyers were completely barred from appearing before Nyaya Panchayats in
most states.10 Nyaya Panchayats therefore contained many of the hallmarks of the village
panchayat ideal. They were exempted from strict procedural rules, employed popularly
elected adjudicators and were located geographically close to parties, at the village level. The
non-application of procedural rules would allow the use of customary processes of hearing
disputes.

The Nyaya Panchayat experience holds valuable lessons for the design of rural justice reform
in India. These were an attempt to recreate an idealised traditional institution, the village
panchayat, and at the same time imbue them with an adherence to the enacted substantive law
of the country. As we have seen earlier, the village panchayat ideal itself was based on a
dubious vision of the nature of law and disputes in rural India. The failure of Nyaya
Panchayats shows that at least in this form, demands for a return to indigenous processes of
dispute resolution are unlikely to be fruitful.

9
https://www.legalbites.in/nyaya-panchayats/
10
Ibid

10
 CHAPTER-2

NYAYA PANCHAYATS AND THE CONSTITUTIONAL IDEAL OF

JUSTICE

Improving access and administration of justice to all citizens of the country is a constitutional
ideal and mandate with the Government of India. The Draft Nyaya Panchayat Bill, 2009
responds to this constitutional mandate. The Bill also responds to the mandate to promote
Justice ‘in all possible ways’ under Article 39A of the Constitution of India.11

Article 39 A of the Constitution postulates that the operation of legal system shall be such as
to promote justice. It lays down that “The State shall secure that the operation of legal system
promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal
aid by suitable legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by the reason of economic and other
disabilities.”12

Nyaya Panchayats being a dispute redressal system and being local institutions, staffed by
local community members, and answerable to local attitudes and locally defined needs can
provide operative effect to the usage and practice of ‘law from below’. Nyaya Panchayats as
an institution has the potential to reshape our legal culture by making it more ‘people-
oriented’, while augmenting the capacity of the legal system to deliver substantive justice
across the country.13

The Ministry of Panchayati Raj, Government of India have prepared the Draft Nyaya
Panchayat Bill, 2009 that aims to revitalize the concept of participatory grass roots level
dispute resolution by mediation, conciliation and compromise outside the formal judicial
system. The Bill provides for the establishment of Nyaya Panchayats at the level of each
village Panchayat or cluster of Village Panchayats. Under it the Nyaya Panchayats will be
constituted through the election of Nyaya Panchas by people residing in the area to which the
jurisdiction of the Panchayat extends. The Ministry of Panchayati Raj has prepared the Bill in
exercise of the legislative powers of the Union Government under the Constitution of India.

11
Videh upadhyay, A Study To Review And Strengthen Nyaya Panchayats In India, May 2011
12
M P Jain, Indian Constitutional Law, Sixth Edition, Lexis Nexis Butterworths Wadhwa, 2010
13
Supra 12.

11
In village societies “disputes” are also more than mere legal cases. Law Commission of India
in its Fourteenth Report also made the point that an amicable settlement of disputes before
Nyaya Panchayats “becomes easier to secure when the person clothed with the authority of
deciding them have the advantage of knowing the disputants, the subject-matter of the
dispute, the way in which the dispute arose and other facts relating to them.” This
understanding helps explain that in settling disputes in villages lay – persons, and not
necessarily law persons have a vital and decisive role to play. It is easy to see that Nyaya
Panchyats being a dispute redressal system and being local institutions, staffed by local
community members, and answerable to local attitudes and locally defined needs can provide
operative effect to the usage and practice of law from below.14

All of the above points in this section show that Nyaya Panchyats as an institution has the
potential to reshape our legal culture by making it more ‘people-oriented’ while augmenting
the capacity of the legal system to deliver substantive justice across the country.15

14
Fourteenth Report of Law Commission of India, 1958 at p.914.
15
Supra note 12.

12
 CHAPTER-3

NYAYA PANCHAYATS AND INDEPENDENCE OF JUDICIARY AS A

‘BASIC FEATURE’ UNDER THE CONSTITUTION

Case law of the Supreme Court makes clear that the exclusion of final say of the executive in
the matter of appointment of Judges is the only way to maintain the independence of
judiciary. Under the Nyaya Panchayat Bill, 2009 ‘the exclusion of the final say of the
executive’ in the matter of appointment of Nyaya Panchas is clear. Being directly elected by
the people, and having its powers laid down by the legislature under a specifically enacted
statute, it is safe to say that the appointments and functioning of Nyaya Panchayats are not
controlled by the Executive in any way whatsoever. Even while the High Court has no role
in election of the Nyaya Panchas its regulation and control of the Nyaya Panchayats is
integral to the legislative scheme laid out in the Nyaya Panchayat Bill, 2009.

The establishment of District Nyaya Panchayat Appellate Authority and an Ombudsman

under the Bill is to be done by the state government on the recommendation of selection
committee in each district of the state and such selection committee is chaired by a Judge of
the High Court of the State nominated by the Chief Justice of the High Court. 16

The Nyaya Panchayat Bill 2009 emphasizes the pre-eminent role of conciliation and
mediation in handling village level disputes as would be expected of any decentralized
dispute redressal system. While modes of selection and appointment and of nomination can
be conceived as possible ways of constituting a Nyaya Panchayat, Nyaya Panchayat Bill 2009
has chosen election as the mode for constituting these Panchayats. Recognising that this is the
only mode which goes with the objectives of democratization of justice delivery mechanism
adequate safeguards has been built in the Bill.17

Right from the first decade of Indian independence the Report of the Law Commission of
India (1958), the Study Team on Nyaya Panchayats (1962), the High Level Committee on
Panchayati Raj of the Government of Gujarat (1972), the Report of the Committee on Nyaya
Panchayats submitted to the Union Ministry of Panchayati Raj (2007) has all clearly and

16
Aparna Soni, Review and Strenthen of Nyaya Panchayt
https://www.panchayat.gov.in/documents/10198/378720/A%20STUDY%20TO%20REVIEW%20AND%20ST
RENGTHEN%20NYAYA.pdf ( 20 Feb 2019, 7:30 pm)
17
Ibid

13
consciously not regarded Nyaya Panchayat as judiciary in proper sense of the term but rather
as ‘tribunals’ who have to ‘inspire the confidence of villagers’. The tribunals differ from
courts in an important ways: not all its personnel may have legal training/certification or prior
judicial experience; the otherwise binding nature and scope of technical rules of procedure
and evidence are often relaxed in case of tribunals; and while judicial appointments in Courts
of the lowest rung shall need to be made in consultation with the High Court in terms of the
Constitution of India, no such consultation is needed for appointments made in tribunals.18

REASONS FOR SETTING UP NYAYA PANCHAYATS19

The rationale behind setting up the Nyaya Panchayat are,

1. Democratic decentralisation,
2. Easy access to justice,
3. speedy disposal of cases,
4. Inexpensive justice system,
5. Revival of traditional village community life,
6. Combination of judicial system and local self government, and
7. Reduction in pressure on Civil Courts.

However, according to the latest reports, this institution is functioning only in handful of
states.

ADVANTAGES OF NYAYA PANCHAYATS OVER THE REGULAR COURTS,20

(1) They provide a inexpensive and expeditious mechanism to settle disputes.

(2) They provide relief to the ordinary courts as they lift the part of burden of judicial work
on their shoulders. In a way, they are emerged on solution to the problem of mounting arrears
of cases before the courts.

(3) They provide justice at the door steps for the village folks,

(4) They provide protection to the local customs and traditions,

18
Supra 17.
19
http://www.politicalsciencenotes.com/essay/panchayati-raj/essay-on-nyaya-panchayats-india-panchayati-raj-
public-administration/13651
20
Ibid

14
(5) Panchayat System has a great educative value for the villagers.

DISADVANTAGES OF NYAYA PANCHAYATS21

(1) They are faction ridden institutions manned by laymen. Justice provided by them is based
on caste, community, personal or political considerations. Therefore, chances of injustice
cannot be ignored,

(2) It has been seen that panchas are often corrupt, partial and behave improperly or rudely.

(3) They are laymen, therefore ignorant of law and they often give arbitrary and irrational
decisions,

(4) One cannot ignore that castism and groupings are major features of rural India and
therefore the influence of these shades on the justice cannot be According to 77th Report of
the Law Commission, wherein it observed that, it will be a backward step to revert to the
primitive method of administration of justice by taking out disputes to a group of ordinary
laymen ignorant of modern complexities of life and not conversant with legal concepts and
procedures.

The Mehta Committee did not get very enthusiastic response on the continuation and working
of the nyaya panchayat. It opposed the combination of judicial and executive functions in one
body and also recommended qualified judges to preside over nyaya panchayat.

21
https://www.legalbites.in/nyaya-panchayats/

15
 CHAPTER-4

GRAM KUTCCHERY UNDER BIHAR PANCHAYAT RAJ ACT

After the 73rd Constitutional Amendment, only five States in India provided for Nyaya
Panchayat by law. They are – Bihar, Himachal Pradesh, Punjab, Uttar Pradesh, and West
Bengal. Jammu and Kashmir had their old Act of 1958 providing for Nyaya Panchayats.22 A
relatively recent study found out that amongst the states only in Himachal Pradesh Nyaya
Panchayats are functioning satisfactorily. It is also relevant to take note of the fact that States
of Andhra Pradesh, Gujarat, Haryana and Karnataka made no provisions for Nyaya
Panchayats in their post -73rd Amendment law, though they had the provisions in their earlier
laws. Out of five States, providing for Nyaya Panchayats or its equivalent judicial system at
grass-root level, three have adopted election as a mode of constituting Nyaya Panchayats
while rest have adopted nomination or combination of nomination and election.

The Bihar Panchayat Raj Act, 2006 provides direct election of members as a mechanism for
constitution of Gram Kutchery while keeping the same as a separate body and insulated from
Gram Panchayat. It provides a judicial body, separate from the executive body and thus is in
accord with the mandate, expressed in Article 50 of the Constitution of India.23

Legal Provisions for Constitution of directly elected Gram Katchahry in Bihar

Section 90 of the Bihar Panchayat Raj Act, 1993 provides for “Constitution of Gram
Katchahry and election of Sarpanch and Panches” as under:

(1)There shall be a Gram Katchahry in every Gram Panchayat area for the purposes of
discharging the judicial functions imposed upon it by or under this Act and the Gram
Katchahry shall consist of-

(a) A Sarpanch of the Gram Katchahry elected under the provisions of this Act, and

(b) Such number of directly elected Panches as may be notified from time to time by the
District Magistrate and each Panch representing as nearly as five hundred population of the

22
Bandopadhyay, D. Nyaya Panchayats: The Unfinished Task, Economic and Political Weekly, December 17,
2005.
23
Ibid

16
Panchayat area. Its territorial constituency will be the same as those of the members of the
Gram Panchayat.24

(2) Each territorial constituency shall directly elect one Panch in the manner prescribed
under the provisions of this Act.

(3) Every Gram Katchahry constituted under the provisions of this section shall be published
in the District Gazette and shall come into force from the date fixed for its first meeting.”

“Section 93. Election of Sarpanch and Up-Sarpanch - (1) A Sarpanch of the Gram Katchahry
shall be directly elected by a majority of votes by the voters enrolled in the voters’ list of that
Gram Panchayat.

Section 94 holds provision for-“Assistance to Gram Katchahry” including:

(1) There shall be a secretary in every Gram Katchahry to be appointed in the manner as may
be prescribed.

(2) There shall be a person called Nyaya Mitra having at least a three year Law Degree from
a recognised Institution or University to assist the Gram Katchahry or any bench thereof in
the discharge of its duties. Such Nyaya Mitra shall be appointed in the prescribed manner.

(3) In order to enable the Gram Katchahry to perform its functions effectively, the State
Government shall, in the prescribed manner, make arrangements for training of the Sarpanch,
the Up-Sarpanch and Panches of the Gram Katchahry.”

It is interesting to note that the Bihar model of directly elected Gram Katchahry is closest to
the directly elected Nyaya Panchayat provided under the Nyaya Panchayat Bill, 2009. More
recently State of Bihar has also notified Bihar Gram Katchahry Conduct Rules, 2007 under
The Bihar Panchayat Raj Act, 2006. These 2007 Rules in Bihar deserves to be closely seen as
it provides elaborate procedures for civil and criminal cases before the Gram Katchahry as
well as well detailed procedure for Appeal before the Bench of Gram Katchahry. It is also
useful to refer to the Bihar Gram Katchahry Nyaya Mitra (Employment, Service Conditions
and Duties) Rules, 2007 notified under The Bihar Panchayat Raj Act, 2006.

24
The Bihar Panchayat Raj Act, 2006.

17
 CHAPTER-5

CONCLUSION

Village administration including administration of justice by Panchayats is probably as old as

village themselves. Rural reconstruction can be achieved through changing the mindset of the
rural people, particularly that of the marginalized sections. Governance from grass root level
gives much scope for development, but lack of awareness among the poor, manipulation and
exploitation of the masses by the local elite are blocking the benefits of development from
reaching to the neediest rural people.

The Nyaya Panchayats system would ensure public participation in the administration of
justice. The Nyaya Panchayats would still in confidence and help to alleviate litigants’
apprehensions regarding the judicial systems because of their informal atmosphere,
conciliatory approach, use of local languages and lack of procedural and evidentiary
technicalities, because the adjudication of the Nyaya Panchayats would be based in part of
the local custom and tradition, many of the defects and inadequate of the ill-suited British
judicial system would be eradicated.

The notion of the Nyaya Panchayat as a revitalization of traditional village life must be
abandoned. In practice, given the highly stratified and culturally divergent character of Indian
society, a nation-wide scheme imposed on the villages from above which is not created and
organized by each village according to its particular customs and exigencies, is bound to fail
in achieving its objective of recreating traditional village life.

The mere extension of the regular court system to the village level, without a corresponding
simplification of procedure and change in judicial approach (from adversarial to
inquisitional) would be inadequate. Although possibly reducing the caseload of the higher
courts, it would still leave many people without access to justice because of the expenses,
fears, etc., surrounding the regular court system. The only cohesive and realistically effective
rationale for the implementation of a Panchayati system of justice is that of increasing access
of justice for all the citizens of India.

By formulating and implementing an all-India level plan for Nyaya Panchayats based on the
particularly model of justice (utilizing either nominated or elected lay judges) with simplified
procedures and the utilization of a non-adversarial, inquisitorial judicial approach, exclusive

18
and sufficient jurisdiction and adequate funding, access to inexpensive and effective justice
would be greatly facilitated. However, certain safeguards must be implemented to assure that
the landed elite classes do not dominate the Nyaya Panchayats If the elective to run in the
election should be implemented, including no criminal record, no communal or casteist
background, income and property limits, and the reservation of positions for women,
scheduled tribes and castes. If the nominative method a utilized, then similar qualifications
should be set for eligibility for nomination. If the Nyaya Panchayats system were
implemented in this way, many of the shortcomings of the past ineffective Nyaya Panchayats
would be safeguarded.

19
 BIBLIOGRAPHY

STATUTES

1. Constitution of India
2. Bihar Panchayati Raj Act, 2006

BOOKS

4. Ray Sukumar , Alternative Dispute Resolution, Eastern Law House

5. Jain M.P , Indian Constitutional Law, Lexis Nexis Publication, Seventh Edition

6. Mathur S. N. , Nyaya panchayats as instruments of justice, Concept Publishing

Company

JOURNAL

1. Upendra Baxi, Access, Development and Distributive justice: Access Problems of the
Rural Population”, Indian law Institute, Vol. 18

REPORT

1. 114th Law Commission of India Report, available at

http://lawcommissionofindia.nic.in/reports/181rpt.pdf, last seen on 1/03/2019.

WEBSITES

1. https://www.panchayat.gov.in/documents/10198/378720/a%20study%20to%20review
%20and%20strengthen%20nyaya.pdf
2. http://www.isec.ac.in/Public%20Lecture%20Abstrac

20