Meaning of Nyaya Panchayat
Nyaya Panchayats are village Courts with civil, criminal and revenue powers as granted to them under certain laws. Panchayat Courts also function in some States under various names like Nyaya Panchayat, Panchayat Adalat, Gram Nyayalya, Kachheri, etc. to decide civil and criminal disputes of petty and local nature.
Article 243B of the Constitution of India provides for the establishment of Panchayats at the village, intermediate and district levels in every state. In ancient times, the village Panchayats comprising of the elders, had administrative and judicial powers and exercised full control over the villages.Now a days, Nyaya Panchayats are established under statutory enactments in many States like Uttar Pradesh, Madhya Pradesh and West Bengal.
History of Nyaya Panchayat
The concept of Nyaya Panchayat was very popular and prevalent in ancient India. There was a tradition of Nyaya Panchayats. In fact, the Panchayat, in its original conception was, primarily, an instrument of law and order, a means of Conciliation and Arbitration within the community. The awards were known as decisions of Panchayats, commonly known as Panchs. There were three grades of judges or Panchs in ancient India, namely Puga, Sreni and Kula. The decision of Panchayat was subject to revision. A decision given by a Kula could be revised by a Sreni and further by way of second revision, it could be revised by a Puga. The decisions of the Panchayats were of binding nature in law in force in those times.
During the ancient Hindu period, the villages enjoyed autonomy and were governed by the Panchayats, which exercised administrative and judicial powers. These village bodies received a setback under the Muslim rule and almost disappeared, though they were there in their old form under the British, confining their authority only to the social life of the village community.
Jurisdiction of Nyaya Panchayats
The Panchayat adalats, now called Nyaya Panchayats, were established in the Mainpuri district in 1949 under the U.P. Panchayat Raj Act, 1947, to adjudicate upon petty civil and criminal disputes arising in the rural areas. The jurisdiction of a Nyaya Panchayat usually extends over an area of five to ten Gram Sabhas, depending on the population of the constituent villages. Their scope, powers and functions have been defined in the Act referred to above, and revisions against their decisions lie to Sub-divisional Magistrates in criminal cases and to Munsifs in civil suits.
The jurisdiction and powers of the Nyaya Panchayats depends upon the respective statute under which it is constituted. It is a matter of State list as given in the Constitution. In U.P. State, the Nyaya Panchayats are empowered to try cases as given below:
(a) All cases under Panchayati Raj Act.
(b) The selected sections of I.P.C. i.e. involving property not exceeding an amount of Rs. 50 in value.
(c) The Nyaya Panchayats have original jurisdiction to try civil suits up to a valuation of Rs. 500.
(d) Any dispute not pending in any Court in accordance with some settlement compromise on oath, if the parties concerned agree in writing to such a course. They are not authorized to award sentences of imprisonment and can impose fines up to hundred rupees only.
(e) Any other cases as conferred by appropriate Government from time to time.
Constitution of Nyaya Panchayats
The Nyaya Panchayat is a matter of State list; hence it is constituted under the respective State law. Generally, the Panchs of Nyaya Panchayats are nominated from amongst the elected Panchs of the Gram Panchayats by the District Magistrate with the assistance of an advisory body.
Members of the village Sabhas may also be nominated as Panchs in case the members of village Panchayats with requisite qualifications are not available. These Panchs elect from among themselves the Sarpanch, who is the Presiding Officer and an Assistant Sarpanch to assist him. The Panchs are honorary workers and hold office for a period of 5 years. Their term may be extended by another year by the State Government. The cases are heard and disposed of by benches consisting of 5 Panchs. The presence of at least three Panchs including a sarpanch is essential at every hearing.
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