11 Jan 2024 Justice BR Gavai to lead Supreme Court Legal Services Committee (SCLSC)
This article covers ‘Daily Current Affairs’ and the topic details of ‘‘Appointment of Supreme Court Justice BR Gavai to lead SCLSC ’’ This topic is relevant in the “Executive & Judiciary ” section of the UPSC CSE exam.
Why in the News?
The appointment of Supreme Court Justice BR Gavai to lead the Supreme Court Legal Services Committee (SCLSC) has been made.
What is the Supreme Court Legal Services Committee?
- It was established in accordance with Section 3A of the Legal Services Authorities Act of 1987.
- Its aim was to give “free and competent legal services to the weaker sections of society” in cases coming under the purview of the Supreme Court.
- The committee must be formed by the Central Authority (the National Legal Services Authority or NALSA), in accordance with Section 3A of the Act.
- Composition : (a) It is chaired by a current Supreme Court judge and comprises other members who meet the Center’s requirements for experience and qualifications.
(b) The Chief Justice of India (CJI) will nominate the Chairman and the other members. Additionally, the Secretary may be appointed to the Committee by the CJI.
(c) In turn, the Committee, after consulting with the CJI, may designate officers and other staff members as directed by the Centre.
(d)The SCLSC members’ numbers, backgrounds, and qualifications are described in Rule 10 of the NALSA Rules, 1995.
(e) In accordance with Section 27 of the 1987 Act, the Centre may issue regulations by notification to implement the Act’s provisions after consulting with the CJI. - Responsibility of centre : In accordance with Section 27 of the 1987 Act, the Centre can issue regulations by notification to implement the Act’s provisions after consulting with the CJI.
Need for legal services :
- Provisions in Constitution : According to Article 39A, the government is required to ensure that the rule of law provides equal opportunity and promotes justice for all.It places a strong emphasis on offering free legal assistance via laws, programmes, or other channels so that all individuals, irrespective of financial or other obstacles, can obtain justice.
- Justice and equality before the law must be guaranteed by the state.
- The State must provide equality before the law and a judicial system that upholds justice based on equal opportunity, according to Articles 14 and 22(1).Article 14: Equality is a right, Article 22 (1) – Right to know the reasons behind an arrest.
- According to Article 39A of the Indian Constitution, the State shall guarantee that the judicial system operates in order to encourage justice on the basis of equal opportunities. Specifically, the State must offer free legal aid, by appropriate legislation or schemes or in any other way, to ensure that no citizen’s opportunity to secure justice is denied due to their financial or other disability.
About Legal Services Authorities Act :
- The Legal Services Authorities Act was passed in 1987 in order to provide legal aid programmes with a statutory foundation.It seeks to offer qualified and cost-free legal services to qualified populations, such as women, kids, members of the SC/ST and EWS categories, industrial workers, people with disabilities, and others.
- NALSA : (a) NALSA was established under the Act to oversee and assess the execution of legal aid initiatives and to provide guidelines for providing legal services.
(b) The Act envisions a national network for the provision of legal aid and support. Additionally, it gives money and grants to NGOs and State Legal Services Authorities so they can run legal aid initiatives and schemes.
(c) The major patron of NALSA is the Chief Justice of India. - Legal Service Authorities at state and district level
1 ) State Legal Services Authorities (SLSA) were set up to carry out Lok Adalats, provide free legal services to the public, and carry out NALSA’s policies and directives. The senior HC judge serves as the Executive Chairman of an SLSA, which is led by the Chief Justice of the relevant High Court.
2) Most taluks and districts have created Taluk Legal Services Committees and District Legal Services Authorities (DLSAs). Every district’s district judge chairs each DLSA, which is housed in the District Courts Complex in that district.A senior civil judge leads the Taluka or Sub-Divisional Legal Services Committees.
Qualification for Free Legal services
- Women and children
- Victims of Human Trafficking or begar.
- victims of industrial disasters, mass catastrophic events, floods, droughts, and violent crimes..
- Disabled persons
- Members of SC/ST
- Industrial workmen
- Persons in custody
Initiatives taken for free legal aid
1) Legal Services Mobile App: NALSA has released the Legal Services Mobile App on both Android and iOS platforms to make it simple for regular people to obtain legal aid in order to promote fair access to justice.
2) DISHA scheme: Through the scheme called “Designing Innovative Solutions for Holistic Access to Justice (DISHA),” which will be executed from 2021 to 2026, the Department of Justice (DoJ) has started a complete, holistic, integrated, and systemic solution on access to justice at the national level in all of India. The Access to Justice Programmes have been upgraded to the national level and combined under the DISHA plan.
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Prelims practice Question
Q1) What is the primary objective of NALSA in India?
A) Providing legal education
B) Ensuring speedy trials
C) Promoting alternative dispute resolution
D) Providing free legal services to the marginalized and weaker sections of society
Answer: D
Q2) Who appoints the Chief Justice of the National Legal Services Authority (NALSA)?
A) President of India
B) Prime Minister of India
C) Chief Justice of India
D) Law Minister of India
Answer: C
Mains practice question
Q1) Discuss the significance of the right to free legal aid in the context of ensuring access to justice for all in India. Provide examples of how this right contributes to a more equitable legal system.
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