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2007 Supreme(SC) 512

ARIJIT PASAYAT, D.K.JAIN
Supreme Court Bar Association – Appellant
Versus
Union of India – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. — This petition under Article 32 of the Constitution of India, 1950 (in short the ‘Constitution’) has been filed by the Supreme Court Bar Association raising points of considerable importance. It is the case of the writ petitioner that appointment of a retired Judge as Chairman of the concerned State Legal Service Authority in different States falls foul of the desired legislative effect. It is stated that appointment of retired Judges has the effect of stalling the effectiveness in functioning of the State Legal Service Authorities. With reference to Section 6(2) of the Legal Services Authorities Act, 1987 (in short the ‘Act’), it is pointed that the serving or retired Judge of the High Court can be nominated by the Governor in consultation with the Chief Justice of the High Court. The writ petitioner has pointed out that under the Act the State Government is required to constitute a body to be called the Legal Service Authority of the State to exercise the powers and/or assigned to State Authority under the Act. Sub-section (2) of Section 6 provides that the State Authority shall consist of the Chief Justice of the High Court who shall be the Patr


















































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