Free legal Aid in Supreme Court: Role of Supreme Court Legal Services Committee
The Supreme Court Legal Services Committee was established by Section 3A of the Legal Services Authorities Act, 1987, with the aim of providing "free and proficient legal services to the disadvantaged sections of society" in cases falling within the jurisdiction of the Supreme Court.
According to Section 3A of the Act, the Central Authority (the National Legal Services Authority or NALSA) is responsible for forming the committee. The committee is composed of a sitting Supreme Court judge serving as the chairman, along with other members possessing the experience and qualifications specified by the Central Authority. Both the chairman and other members are appointed by the Chief Justice of India (CJI). Additionally, the CJI has the authority to designate the Secretary to the Committee.
As of the current date, the SCLSC is comprised of Chairperson BR Gavai and nine members who have been nominated by the Chief Justice of India (CJI). The Committee has the authority to appoint officers and other staff as specified by the Central Authority, in consultation with the CJI.
Additionally, Rule 10 of the NALSA Rules, 1995, outlines the criteria regarding the numbers, experience, and qualifications of the SCLSC members. The power to formulate rules in accordance with Section 27 of the 1987 Act is vested in the Central Authority, which can, by notification, make rules in consultation with the CJI to effectively implement the provisions of the Act.
The necessity for offering legal services is emphasized in various provisions of the Indian Constitution. Article 39A specifically mandates that "The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities."
Furthermore, Articles 14 (right to equality) and 22(1) (rights to be informed of grounds for arrest) impose an obligation on the State to ensure equality before the law and a legal system that fosters justice based on equal opportunity.
While the concept of a legal aid program was initially proposed in the 1950s, it was in 1980 that a national-level committee was established under the chairmanship of then Supreme Court judge Justice PN Bhagwati. The Committee for Implementing Legal Aid Schemes was tasked with overseeing legal aid activities across India, marking a significant step in promoting equal access to justice.
The Legal Services Authorities Act, enacted in 1987, serves as the legislative foundation for legal aid programs in India. The primary objective is to offer free and proficient legal services to specific eligible groups, encompassing women, children, SC/ST and EWS categories, industrial workers, disabled individuals, and others.
According to the Act, the National Legal Services Authority (NALSA) was established in 1995 to oversee the implementation of legal aid programs, set policies for the availability of legal services, and manage a nationwide network for dispensing legal aid and assistance. NALSA also allocates funds and grants to State Legal Services Authorities (SLSAs) and non-governmental organizations (NGOs) for the execution of legal aid schemes and programs.
At the state level, State Legal Services Authorities (SLSAs) were subsequently formed to implement NALSA's policies, provide free legal services to the public, and organize Lok Adalats. Each SLSA is headed by the Chief Justice of the respective High Court, with the senior High Court judge serving as its Executive Chairman. The Chief Justice of the High Court acts as the patron-in-chief of the SLSA, while the Chief Justice of India (CJI) holds the position of patron-in-chief for NALSA.
Similarly, District Legal Services Authorities (DLSAs) and Taluk Legal Services Committees were established at the district and taluk levels, respectively. Led by the District Judge, each DLSA, situated in the District Courts Complex, undertakes functions such as organizing legal awareness camps, offering free legal services, and facilitating the procurement of certified order copies and other legal documents. Taluk or Sub-Divisional Legal Services Committees, headed by a senior civil judge, perform similar functions at the taluk level. Collectively, these entities play a crucial role in enhancing legal awareness and accessibility to justice.