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JUDICIAL FUNCTIONS OF PANCHAYATS IN ANCIENT AND MODERN INDIAN LEGAL SYSTEM: A COMPARATIVE STUDY WITH SPECIAL REFERENCE TO THE GRAM NYAYALAYAS ACT, 2008

Author Information
Name: Sanjeev Ranjan
Country: India
Publication Details
Year: 2026
Volume: Volume-11, Issue-1, January-June 2026
Page Number: 811-828
DOI: https://doi.org/10.5281/zenodo.21699484
Abstract
ABSTRACT
The institution of the Panchayat has been an integral component of the Indian legal tradition, serving as an indigenous mechanism for decentralized justice from the Vedic period to the present constitutional era. This paper examines the judicial functions of Panchayats in the ancient and modern Indian legal systems through a comparative analysis, with special reference to the Gram Nyayalayas Act, 2008. It undertakes a jurisprudential assessment of the evolution of Panchayat justice, highlighting the significant changes and advancements in its institutional structure and judicial functions. In the absence of centralized courts, the Sabha and Samiti functioned as proto-Panchayat institutions, administering justice through collective deliberation based on the principles of Dharma, Ṛta and Ācāra (custom). These normative foundations promoted ethical jurisprudence, legal pluralism, restorative justice, reconciliation, and social harmony. Over time, Panchayat justice attained institutional maturity, as confirmed by textual and epigraphical evidence, while Ācāra emerged as a binding source of law and Panchayats developed into organized judicial bodies enforcing their decisions through social sanctions. This historical evolution demonstrates that Panchayat justice progressed from moral assemblies to institutionally recognized courts, establishing decentralized justice as an enduring feature of Indian legal civilization. The paper further analyses the Gram Nyayalayas Act, 2008, enacted to strengthen access to justice at the grassroots level. Although the Act seeks to revive decentralized justice, it departs from the traditional Panchayat model by vesting judicial authority exclusively in a State-appointed Nyayadhikari rather than elected Panchayat members. Consequently, Gram Nyayalayas function as statutory subordinate courts within the existing judicial hierarchy instead of community-based judicial institutions. The study concludes that while the Act advances constitutional objectives of accessible justice, it does not fully preserve the indigenous jurisprudential character and participatory nature of ancient Panchayat justice.

Keywords: Panchayat Justice; Ancient Indian Legal System; Gram Nyayalayas Act, 2008; Decentralized Justice.
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