Context: Justice B R Gavai has been nominated as the Chairman of Supreme Court legal service committee (SCLSC).
About Supreme Court Legal Service Committee (SCLSC)
- SCSLC has been constituted by National Legal Services Authority (NALSA) under the provisions of Legal Services Authorities Act, 1987.
- The SCSLC was constituted to provide free and competent legal services to the weaker sections of society in cases falling under the jurisdiction of the top court.
- The committee comprises a sitting SC judge, who is the chairman, and other members with experience and qualifications prescribed by the Centre, who are nominated by the Chief Justice of India (CJI).
- CJI appoints the competent person to be secretary to the committee having adequate experience and qualification as prescribed by the central government.
- Terms of office and other conditions of employment of members and Secretary are determined by regulations made by the National Legal Service Authority.
Need for SCLSC:
- Article 39-A: Article 39-A of the Indian Constitution mandates the State to ensure equal access to justice and provide free legal aid to citizens, addressing economic or other barriers.
- Legal assistance to marginalized groups: The Supreme Court Legal Services Committee (SCLSC) strives to offer legal assistance to marginalized groups.
- Access to justice: The Supreme Court is considered the ultimate justice authority but accessing it is challenging due to high fees and expenses.
- Many people in India cannot afford Supreme Court representation, leading to a sense of exclusion from justice.
- Legal obligation: SCLSC was established to address this bottleneck by providing free legal aid to those eligible under the Legal Service Authorities Act, 1987, ensuring everyone has access to the highest Court of Justice.
Functions of SCSLC:
- To administer and implement the legal services programme in so far as it relates to the Supreme Court of India and for this purpose take all such steps as may be necessary and to act in accordance with the directions issued by the Central Authority from time to time.
- To conduct Lok Adalat in the Supreme Court from time to time under the aegis of the National Legal Services Authority and different categories of matters which are pending before the Hon'ble Supreme Court
- To receive and scrutinize applications for legal services and to decide all questions as to the grant of or withdrawal of legal service.
- To maintain panels of advocates on record and of senior advocates in the Supreme Court for giving the legal advice.
- To decide all matters relating to payment of honorarium, costs, charges, and expenses of legal services to the advocates on record and to senior advocates of the Supreme Court.
- To prepare and submit returns, report and statistical information in regard to the legal services programme to the Central Authority.
Membership of SCSLC: SCSLC shall consist of a Chairman, Secretary and not more than 9 members:
- Chairman: Chairman shall be a sitting judge of Supreme Court.
- Secretary: To be appointed by CJI in accordance with rules and qualifications laid down by central government.
- Ex officio members:
- Attorney General for India.
- Joint Secretary, Department of Justice, Ministry of Law and Justice.
- Additional Secretary, Department of Expenditure, Ministry of Finance, or his nominee.
- Registrar General of the SC.
- Other members: other members shall be appointed by central government in consultation with CJI who are:
- Eminent person in the field of law
- Person of repute who is specially interested in implementation of Legal Service Scheme
- Eminent social worker engaged in the upliftment of weaker sections like SCs, STs, women, children and labour.