Supreme Court Legal Services Committee (SCLSC)

Recently, Department of Justice have announced nomination of Supreme Court judge Justice BR Gavai as the Chairman of the Supreme Court Legal Services Committee (SCLSC).

Constituted under - Section 3A the Legal Services Authorities Act, 1987 which states that the Central Authority (NALSA) shall constitute the committee.

Legal Services Authorities Act was constituted in 1987 to give a statutory base to legal aid programmes and to provide free and competent legal services to eligible groups.

National Legal Services Authority (NALSA) was constituted in 1995 to monitor and evaluate the implementation of legal aid programmes and to lay down policies for making them available.
Objective – To provide free and competent legal services to the weaker sections of society, in cases falling under the top court’s jurisdiction.
Composition – It consists of a sitting SC judge, who is the chairman, along with other members possessing the experience and qualifications prescribed by the Centre.

Currently in 2024, SCLSC consists of chairperson and 9 members.

Selection criteria – Under Section 27 of the 1987 Act, the Centre is empowered to make rules in consultation with the CJI, by notification.
Rule 10 of the NALSA Rules, 1995, entails the numbers, experience, and qualifications of the SCLSC members.
Appointment – CJI nominates both the chairman and other members of SCLSC and appoints the Secretary to the Committee.
Powers of the Committee – It can appoint officers and other employees as prescribed by the Centre, in consultation with the CJI.

Free Legal Aid in India

Article 39A – 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.
Article 14 – It entails right to equality and make it obligatory for the state to ensure equality before law.
Article 22(1) – It entails the rights to be informed of grounds for arrest which make it obligatory for the State to ensure a legal system that promotes justice based on equal opportunity.

The Committee for Implementing Legal Aid Schemes chaired by the then SC Justice PN Bhagwati started monitoring legal aid activities throughout India, thereby conceptualised the free legal aid in India.

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