Justice BR Gavai has recently been nominated as the Chairman of the Supreme Court Legal Services Committee (SCLSC) by the Chief Justice of India. The prominence of SCLSC as an entity is reflected in its goal to provide free and competent legal services to the weaker sections of society for cases under the Supreme Court’s jurisdiction. The SCLSC was established under Section 3A of the Legal Services Authorities Act, 1987.
The Genesis of Legal Aid in India
While the idea of legal aid took root in the 1950s, it was not until 1980 that a national level committee under the chairmanship of then Supreme Court judge Justice PN Bhagwati was formed. This Committee for Implementing Legal Aid Schemes began overseeing legal aid activities across India.
The Composition of the SCLSC
The SCLSC comprises a sitting Supreme Court judge as the chairman and other members with requisite experience and qualifications prescribed by the central government. Both the chairman and the members are nominated by the Chief Justice of India, who can also appoint the Secretary to the Committee. As per Rule 10 of the National Legal Services Authority (NALSA) rules, 1995, the Committee consists of a chairperson and nine members nominated by the Chief Justice.
The Legal Services Authorities Act, 1987
The Legal Services Authorities Act was instituted in 1987 to give a statutory base to legal aid programmes. Its mission is to offer free and competent legal services to specific groups like women, children, scheduled castes and tribes, economically weaker sections, industrial workers, disabled people among others.
National Legal Services Authority (NALSA)
Following the act, NALSA was established in 1995 to monitor and evaluate the execution of legal aid programmes and to formulate policies for availing legal services. It envisions a nationwide network to provide legal aid and assistance and allocates funds to State Legal Services Authorities and NGOs for executing legal aid schemes.
State Legal Services Authorities (SLSA)
Consequently, each state established State Legal Services Authorities (SLSA) to implement NALSA’s policies and deliver free legal services to individuals and conduct Lok Adalats. The respective High Court’s Chief Justice heads an SLSA and includes the senior High Court judge as its Executive Chairman.
District Legal Services Authorities (DLSAs)
Likewise, District Legal Services Authorities and Taluk Legal Services Committees were instituted in districts and most taluks. Each DLSA is chaired by the District Judge, with the Taluka or Sub-Divisional Legal Services Committees led by a senior civil judge.
The Constitutional Mandate for Legal Services in India
The Indian Constitution emphasizes the importance of providing legal services in many of its provisions. Article 39A asserts that the State must ensure the legal system promotes justice based on equal opportunity and provides free legal aid to any citizen who might be denied justice due to economic or other hindrances. Additionally, Articles 14 and 22(1) make it obligatory for the State to guarantee equality before the law and a legal system that advances justice based on equal opportunity.
