Free legal aid in India

Context: Supreme Court judge Justice BR Gavai has been nominated as the Chairman of the Supreme Court Legal Services Committee (SCLSC), replacing Justice Sanjiv Khanna – the seniormost judge of the top court after the Chief Justice of India (CJI).

What is the Supreme Court Legal Services Committee:

• The Supreme Court Legal Services Committee, formed under Section 3A of the Legal Services Authorities Act, 1987, is mandated to offer free and proficient legal assistance to the disadvantaged sections of society within the jurisdiction of the Supreme Court.
• According to Section 3A, the committee is established by the Central Authority, namely the National Legal Services Authority (NALSA).
• The committee is headed by a sitting Supreme Court judge appointed as the chairman, and other members, meeting the qualifications specified by the central government, are nominated by the Chief Justice of India (CJI).
• Additionally, the CJI has the authority to designate the Secretary to the Committee.

Composition of SCLSC:

• Currently, the Supreme Court Legal Services Committee (SCLSC) is comprised of Chairperson BR Gavai and nine members appointed by the Chief Justice of India (CJI).
• The committee is granted the authority, as per Rule 10 of the NALSA Rules, 1995, to appoint officers and other staff members in accordance with the guidelines set by the central government and in consultation with the CJI.
• Furthermore, Rule 10 of the NALSA Rules, 1995, specifies the requisite numbers, experience, and qualifications for SCLSC members.
•  According to Section 27 of the Legal Services Authorities Act, 1987, the central government is empowered to formulate rules, through notification and in consultation with the CJI, for the effective implementation of the provisions outlined in the Act.

Legal Services Authorities Act 

• The Legal Services Authorities Act (1987) was enacted to establish a statutory foundation for legal aid programs.
• The primary goal is to provide free and competent legal services to specific eligible groups, including women, children, SC/ST, EWS categories, industrial workers, disabled persons, etc.
• The National Legal Services Authority (NALSA) was constituted in 1995 under the Act to monitor and evaluate the implementation of legal aid programs and formulate policies for making legal services available.
• A nationwide network was envisioned for providing legal aid and assistance, with NALSA disbursing funds and grants to State Legal Services Authorities (SLSAs) and NGOs for implementing legal aid schemes.
• In each state, SLSAs were established to implement NALSA’s policies, give free legal services, and conduct Lok Adalats.
• An SLSA is headed by the Chief Justice of the respective High Court, with the senior HC judge serving as its Executive Chairman. The HC Chief Justice is the patron-in-chief of the SLSA, while the CJI is the patron-in-chief of NALSA.
• District Legal Services Authorities (DLSAs) and Taluk Legal Services Committees were established in districts and most taluks, respectively.
• Each DLSA, situated in the District Courts Complex, is chaired by the District Judge of the respective district.
• Taluka or Sub-Divisional Legal Services Committees, headed by a senior civil judge, were established to collectively organize legal awareness camps, provide free legal services, and handle the supply and obtain certified order copies and other legal documents.

Need for legal services 

• The importance of providing legal services is emphasized in various provisions of the Indian Constitution.
• Article 39A specifically mandates that the State must ensure that the legal system promotes justice with equal opportunity, including the provision of free legal aid through suitable legislation or schemes.
• Articles 14 (right to equality) and 22(1) (rights to be informed of grounds for arrest) also obligate 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 gained traction in 1980 with the establishment of a national-level committee chaired by then Supreme Court judge Justice PN Bhagwati.
• The Committee for Implementing Legal Aid Schemes, formed in 1980, took on the responsibility of monitoring legal aid activities throughout India.