Appoint sitting judges to State Authority: NALSA

The National Legal Service Authority has claimed before the Supreme Court that sitting judges heading the State Legal Service Authorities are more effective as compared to other retired judges.

The National Legal Service Authority NALSA has claimed before the Supreme Court that sitting judges heading the State Legal Service Authorities are more effective as compared to other retired judges.

8220;It is submitted that the general experience of NALSA is that where retired judges are functioning as Executive Chairman, the performance of the State Authorities is not at par with those State Authorities which are headed by a sitting judge,8221; it clearly stated while furnishing its response on the petition, which sought directions from the court to appoint a sitting judge in the first instance as head of the State Legal Services Authorities rather than straightaway appointing a retired judge.

NALSA8217;s response came in response to the petition filed by the Supreme Court Bar Association through its secretary K C Kaushik, who had argued that the purpose of the Legal Service Authority Act, 1987 would be defeated if retired judges are appointed as chairpersons of the State Legal Services Authority.

Citing examples of the four states 8212; Meghalaya, Uttar Pradesh, Uttarakhand and West Bengal 8212; where State Authorities are headed by retired judges, the petitioner8217;s counsel had submitted: 8220;The intendment of the Act is to have only a sitting judge as the head of the State Authority. If the Act has to be effectively enforced, this position should not be changed.8221;

All states and Union Territories were asked by the court to file their responses, besides the Ministry of Law and Justice and the apex statutory body 8212; NALSA.

Member secretary on behalf of NALSA, Kamlesh Kumar, informed the court that considering the increase in its work load 8212; which includes training sessions and awareness programmes for lawyers, judicial officers besides programmes in mediation, plea bargaining etc8211;State Legal Services Authorities headed by a sitting judge by virtue of position may be able to carry out these programmes more successfully than those headed by retired judges.

8220;The scheme of the Act clearly mandates appointment of a Serving High Court Judge to be the executive chairman of the State Legal Services Authority so as to better achieve the objectives,8221; Kumar pointed out, adding that the State Authority has constitutional and statutory duties and obligations, which need to be performed in the specified manner as in the statute.

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The apex court on Tuesday reserved its verdict on the issue.