Appointment Of New Chairman To SCLSC
Source: SC Legal Services Committee (The Indian Express, January 5)
Justice BR Gavai now heads the Supreme Court Legal Services Committee (SCLSC). He takes over from Justice Sanjiv Khanna.
Understanding the SCLSC
- Purpose: The committee’s role is to support the needy in legal matters. They focus on cases that come under the Supreme Court.
- Formation: The committee was created as per the Legal Services Authorities Act, 1987. The National Legal Services Authority forms the committee.
- Composition: A Supreme Court judge leads as chairman, selected by the Chief Justice of India. The team also includes members chosen for their expertise. The Chief Justice appoints a Secretary to the Committee as well.
Composition of the SCLSC
- Chairperson: The SCLSC is currently chaired by BR Gavai.
- Members: There are nine members on the committee. These members are nominated by the Chief Justice of India (CJI).
- Staff Appointments: The committee has the authority to appoint staff. These appointments are made as per the guidelines set by the Centre and in consultation with the CJI.
- Qualifications and Experience: Rule 10 of the NALSA Rules, 1995 outlines the qualifications and experience required for SCLSC members.
- Rulemaking Authority: Under the 1987 Act, specifically Section 27, the Centre can formulate rules. This is done in consultation with the CJI to implement the Act’s provisions. The rules are announced through official notifications.
Legal Services in India
- Constitutional Provisions for Legal Aid: The Indian Constitution highlights the necessity of legal services for promoting justice. It particularly emphasizes providing free legal aid to those unable to secure justice due to financial or other challenges, as outlined in Article 39A.
- Equality and Legal Representation: To ensure equality before the law, Articles 14 and 22(1) commit the State to maintain a legal system accessible to all on equal terms, fostering a sense of justice for every individual.
- Evolution of Legal Aid: Though the concept of legal aid surfaced in the 1950s, a significant step was taken in 1980. That year, under the supervision of Justice PN Bhagwati, then a Supreme Court judge, a national committee was formed. This committee was tasked with overseeing legal aid efforts across the country.
- National Legal Services Authority (NALSA): Established in 1995, NALSA oversees legal aid programs. It sets policies for legal service availability across India. Funds are distributed by NALSA to help State Legal Services Authorities and NGOs run legal aid.
- State Legal Services Authorities (SLSA): Each state’s SLSA carries out NALSA’s policies. They offer free legal services and manage Lok Adalats. The High Court Chief Justice leads as the SLSA patron. The senior HC judge acts as the Executive Chairman.
District and Taluk Legal Services
- District Legal Services Authorities (DLSA): DLSAs operate in district courts. Led by the District Judge, they provide legal help locally.
- Taluk Legal Services Committees: Senior civil judges head these committees at the sub-division level. Their work includes organizing legal awareness camps and offering legal services.