State Legal Service Authority

State Legal Service Authority

In Supreme Court Bar Association v. union of India, Writ Petition (Civil) No. 27 of 2007, the Supreme Court categorically ruled that u/s 6(2) of Legal Services Authority Act, sitting judges of the High Courts, should be appointed Executive Chairman of State Legal Services Authority. The court observations are worth nothing:

“Though in terms of section 6(2) retired judge can be appointed, but that shall have to be in exceptional circumstances. The advantage of having a sitting judge as the Chairman far outweight the disadvantages, some of which have been highlighted by learned counsel for the States where retired Judges are appointed. Therefore, normal rule is that a sitting Judge should be appointed as the Chairman and only when unusual difficulties exist, a retired Judge may be appointed. That has to be the exception and not the rule.”

(Decided on March 13, 2007)