New Delhi: The Supreme Court has stayed the appointment of retired High Court judges as Chairpersons of the State Legal Services Authorities (SLSAs).

A Bench of Justice Arijit Pasayat and Justice S.H. Kapadia on Friday stayed the notification empowering States to appoint retired judges to head the LSA, on a writ petition filed by the Supreme Court Bar Association.

The association challenged such appointments by the States on the ground that it took away the power of the High Courts.

M.N. Krishnamani, president of the SCBA, appeared for the petitioner. Additional Solicitor General Gopal Subramanian appearing for the Centre told the court that it was a serious matter and that he would look into it.

In its petition the SCBA said under the Legal Services Authority Act, 1987, the Centre had stipulated that the Central Legal Services Authority shall be headed by the Chief Justice of India as patron-in-chief and district legal services authorities shall be headed by a serving district judge.

However, in the case of SLSAs, the notification issued under the Act authorised the State Governments to appoint retired judges to the posts of Chairpersons without any upper age limit.

The petitioner alleged that the power to appoint retired judges to the posts of chairpersons was being misused by several States which were handpicking retirees for the job, thus negating the object of providing free, fair and affordable justice to the poor litigants.

A sitting judge would be a better person and he could exercise his powers more effectively compared to a retired one, the petitioner said. The intent of the Act was that the head of the SLSA also should be a sitting judge of the High Court.

The first choice had to be a sitting judge in the alternative, a retired judge could be considered. The State Government could not avoid a sitting judge and go in for a retired one straightway.

The petitioner said it had learnt that in several States, there were attempts to appoint a retired High Court judge of the choice of the ruling party as Chairperson of the SLSA. Hence the present petition.

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