Keywords: Supreme Court, Gram Nyayalayas Act 2008, grassroots justice, state-specific feasibility, access to justice
The Supreme Court of India recently observed that implementing the Gram Nyayalayas Act, 2008 under a uniform framework across the country is not practical due to significant state-specific variations. The Court emphasized that the feasibility of establishing Gram Nyayalayas, aimed at providing accessible justice to rural citizens, should be guided by state-specific circumstances rather than a “straitjacket formula.”
The bench, comprising Justice B.R. Gavai and Justice K.V. Viswanathan, acknowledged the need for Gram Nyayalayas but highlighted challenges in implementing the Act uniformly. The Court stated, “The situation will depend from state to state,” pointing to factors such as existing traditional justice systems in certain northeastern states and the absence of gram panchayats in regions like the national capital.
While recognizing the legislative intent behind the Act, the Court acknowledged submissions from several states citing infrastructure challenges, non-mandatory provisions, or sufficient existing judicial frameworks.
The case arose from a petition filed by the National Federation of Societies for Fast Justice, which sought directions to the Centre and states for the establishment of Gram Nyayalayas as envisioned in the 2008 legislation. Representing the petitioner, Advocate Prashant Bhushan argued that the non-implementation of the Act has deprived rural citizens of accessible justice and contributed to the severe backlog of cases in higher courts.
Bhushan contended that no state can claim adequate judicial infrastructure to meet the growing caseload and urged immediate compliance with the statutory provisions.
The Court directed the chief secretaries of all states to submit affidavits within 12 weeks, detailing:
It warned states of strict action against non-compliance, noting that accountability and transparency are critical to ensuring justice delivery. The matter has been adjourned for further consideration after 14 weeks, allowing states time to submit their compliance reports.
Enacted to bring justice closer to rural citizens, the Act mandates the establishment of Gram Nyayalayas led by Nyayadhikaris in consultation with state high courts. However, the Act has seen limited implementation across the country, with states delaying its rollout due to various challenges.
The Supreme Court’s observations reiterate the importance of access to justice but acknowledge the practical difficulties in a one-size-fits-all approach. The directive to states to furnish detailed compliance reports signals a push for accountability.
The outcome of the Court’s deliberations is expected to shape future discussions on judicial infrastructure and the accessibility of justice, particularly in rural India. For now, the Court’s nuanced stance underscores the need for a balanced approach tailored to the diverse realities of Indian states.
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