Mains Practice Question

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Topic

What is the Supreme Court Legal Services Committee? What is the need for legal services, and how are they provided to the public?
 

Introduction:

The introduction of the answer is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction

Established under Section 3A of the Legal Services Authorities Act, 1987, the Supreme Court Legal Services Committee serves the purpose of offering "free and proficient legal services" to marginalized sections of society within the jurisdiction of the apex court.

Section 3A mandates the constitution of the committee by the Central Authority, which is the National Legal Services Authority (NALSA).

The committee is chaired by a sitting Supreme Court judge, as stipulated by the Act, and comprises members possessing the requisite qualifications and experience determined by the Central government.

Both the chairman and the other members are nominated by the Chief Justice of India (CJI), who also holds the authority to appoint the Committee's Secretary.

Body:

You may incorporate some of the following points in the body of your answer:

The imperative of providing legal aid finds mention in various provisions of the Indian Constitution. Article 39A emphasizes the State's obligation to ensure that the legal system operates in a manner that fosters justice and equal opportunity, including the provision of free legal assistance.

Articles 14 (equality before the law) and 22(1) (right to be informed of grounds for arrest) further reinforce the State's duty to uphold equality and ensure a legal framework that upholds justice on the basis of equal opportunity.

Despite the initial proposal for a legal assistance system in the 1950s, it wasn't until 1980 that a national committee, chaired by then-Supreme Court Justice PN Bhagwati, was formed. This Committee for Implementing Legal Aid Schemes was tasked with overseeing legal aid initiatives nationwide.

Conclusion:

The ending of the answer should be on a positive note and it should have a forward-looking approach

The enactment of the Legal Services Authorities Act in 1987 provided a statutory foundation to legal aid initiatives, aiming to furnish free and proficient legal services to eligible groups, including women, children, SC/ST and EWS categories, industrial workers, persons with disabilities, among others.

The Supreme Court Legal Services Committee, headed by Chairperson BR Gavai and comprising nine members appointed by the CJI, possesses the authority to appoint officers and staff members as per the guidelines set by the Central government, in consultation with the CJI

 

Other Points to Consider

Legal Services Authorities Act

NALSA

Articles 14

 

 

Previous Year Questions

The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (2022)

Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India. (2023)

04-Apr 2024
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