SUPREME COURT BAR ASSOCIATION versus UNION OF INDIA AND ORS.

SUPREME COURT BAR ASSOCIATION versus UNION OF INDIA AND ORS.

The appointment of retired Judges as Executive Chairman of State Legal Services Authority should only be made in exceptional circumstances, as the normal rule is appointing sitting Judges. There is ample scope for favouritism in appointing retired Judges, and the effectiveness of Authorities is better maintained with sitting Judges. States are directed to reconsider such appointments in consultation with the Chief Justice.

Parties
Petitioner: Supreme Court Bar Association; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
13 April 2007
Procedural Posture
Writ Petition (civil) No. 27 of 2007 / Final Judgment
Outcome
Writ petition allowed with directions.
Legal Topics
Appointment of Executive Chairman of State Legal Services Authority, Interpretation of Section 6(2) of Legal Services Authorities Act, 1987, Favouritism in Post Retirement Appointments, Consultation Process With High Court Chief Justice
Constitutional Law Judicial Administration Legal Aid Appointment of Executive Chairman of State Legal Services Authority Interpretation of Section 6(2) of Legal Services Authorities Act, 1987 Favouritism in Post Retirement Appointments Consultation Process With High Court Chief Justice

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Parties

Supreme Court Bar Association

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 27 of 2007 / Final Judgment

Legal Issues

  1. 1 Whether appointment of retired High Court Judges as Executive Chairman of State Legal Services Authority is in conformity with Section 6(2) of Legal Services Authorities Act, 1987
  2. 2 Whether such appointments affect effectiveness and introduce scope for favouritism
  3. 3 What is the correct process for such appointments under the Act

Ratio Decidendi

The appointment of retired Judges as Executive Chairman of State Legal Services Authority should only be made in exceptional circumstances, as the normal rule is appointing sitting Judges. There is ample scope for favouritism in appointing retired Judges, and the effectiveness of Authorities is better maintained with sitting Judges. States are directed to reconsider such appointments in consultation with the Chief Justice.

Court Disposition

Writ petition allowed with directions.

Orders

  • States directed to reconsider appointment of retired Judges as Executive Chairman in consultation with respective Chief Justice within four months.