As per Article 39-A of the Indian Constitution, the State shall secure that the operation of the legal system promotes justice on the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
High Court Legal Services Committee, is an effort to provide legal aid and assistance to the marginalized and weaker sections of the Society.
The High Court Legal Services Committee (HCLSC) has been constituted under Section 8A of the Legal Services Authorities Act, 1987 for providing free and competent Legal Services to the weaker sections of the Society in the cases which fall under the jurisdiction of Hon’ble High Court. The Committee consists of a sitting Judge of Hon’ble High Court, who is Chairman and 10 members nominated by the Hon’ble Chief Justice of High Court.
Hon'ble Mr. Justice N. V. Anjaria Patron-in-Chief |
Hon'ble Mr. Justice Sreenivas Harish Kumar Chairman |
Sri. Amarnath K.K. Secretary |
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The definition of "Legal Service" as stated in Section 2(c) of the Legal Services Authorities Act, 1987 includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.
The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are :
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person;
(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or
(h) In receipt of annual income less than rupees One Lakh or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.
Any person desiring legal service for bringing or defending any action in the High Court can approach the High Court Legal Services Committee through an application which could either be made by sending in written form or by filling up the forms prepared by the Committee stating in brief the reason for seeking legal aid.
(1) On receipt of application for legal service, the Secretary shall first examine and determine or cause to be examined and determined the eligibility of the applicant as per the provisions of the Act and the Rules.
(2) If the applicant satisfies the eligibility criteria, the Secretary shall proceed to examine the merit of his application and if the applicant has merit in his application, the Secretary shall proceed to decide the mode of legal service.
(3) An application for the grant of legal services in any matter, if it is not found meritorious may be rejected, for the reasons to be recorded in writing, by the Secretary.
(4) In case of refusal for the grant of legal services, the Secretary shall inform the applicant in writing of such refusal.
(5) The applicant whose application for grant of legal services has been rejected may prefer an appeal before the Chairman for a decision.
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