Issue Notifications For Establishing Gram Nyayalayas Within Four Weeks, SC Tells States [Read Order]

The Supreme Court has directed the States, which have not yet issued Notifications for establishing the Gram Nyayalayas, to issue the same within four weeks.

The bench comprising of Justices NV Ramana, Sanjiv Khanna and Krishna Murari was considering a PIL filed by National Federation Of Societies For Fast Justice. Appearing for the Federation, Advocate Prashant Bhushan, placed before the bench the details of the steps taken by various States for establishing and functioning of Gram Nyayalayas under the Gram Nyayalayas Act, 2008.

The court noted that though some States have issued Notifications for establishing the Gram Nyayalayas, all the established Gram Nyayalayas are not functioning. In some of the States, the proposals for establishing the Gram Nyayalayas are pending before the High Court for consultation and some of the States have not yet initiated the process of issuing Notifications for establishing such Nyayalayas, the bench observed. In this context, the bench issued the following directives.

In view of the above, we direct the States, who have not yet issued Notifications for establishing the Gram Nyayalayas, to issue the same within a period of four weeks from today and place copies of the same before us with an affidavit. We also request the learned Chief Justices of the High Courts, where the constitution of Gram Nyayalayas and appointments of its members are pending, to expedite the process of consultation with the respective State Governments.

The bench noted that the States of Chhattisgarh, Gujarat, Haryana, Telangana, West Bengal, Uttarakhand and Odisha have not yet filed their affidavits in compliance with the earlier directions issued by it. Therefore, it directed them to file their affidavits within one week, subject to deposit of Rupees One Lakh.

The Court said that it will examine the of the State of Arunachal Pradesh that it may be granted exemption for establishing and functioning of Gram Nyayalayas under the Gram Nyayalayas Act, 2008. States of Bihar, Jharkhand and Himachal Pradesh also submitted that there might be some conflict between the functioning of their local laws and the functioning of Gram Nyayalayas under the Gram Nyayalayas Act, 2008.

The bench also directed the Union of India to consider the said proposal made in Valuation Study of the Scheme of Establishing & Operationalising Gram Nyayalaya of increasing the Recurring Head to Rs.15 lakhs per year for a minimum of 5 years with 50% State Government Contribution.  

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