## Report on Supreme Court Legal Services Committee Amendment Rules, 2021
**1. Executive Summary:**
This report analyzes the Supreme Court Legal Services Committee Amendment Rules, 2021, as published in the Gazette of India on March 18, 2021. This amendment modifies the Supreme Court Legal Services Committee Rules, 2000, specifically focusing on the qualifications for certain positions within the Committee. The key change involves the substitution of clauses related to the eligibility criteria for these positions, emphasizing experience with mediation, Alternative Dispute Resolution (ADR) and legal aid authorities. The intended outcome appears to be to broaden the pool of eligible candidates and ensure expertise in ADR and legal aid.
**2. Introduction:**
This report aims to provide an informative overview of the Supreme Court Legal Services Committee Amendment Rules, 2021, based solely on the published text in the Gazette of India. The analysis focuses on understanding the specific changes introduced and their potential implications.
**3. Policy Overview:**
* This document is an amendment to the Supreme Court Legal Services Committee Rules, 2000.
* The core objective of this *amendment*, as inferred from the provided text, is to modify the eligibility criteria for individuals serving in specific roles within the Supreme Court Legal Services Committee to include requirements of experience in mediation and Alternative Dispute Resolution (ADR).
**4. Background and Rationale:**
The amendment appears to address a need to enhance the expertise within the Supreme Court Legal Services Committee, specifically in the areas of mediation and other forms of Alternative Dispute Resolution (ADR). By modifying the eligibility requirements to include specific experience in ADR and with legal aid authorities, the amendment suggests a strategic move to integrate these skills more directly into the committee's functions. This might be driven by an increasing emphasis on ADR methods within the legal system.
**5. Key Provisions / Changes:**
This amendment directly alters Rule 4 of the Supreme Court Legal Services Committee Rules, 2000. Specifically, clauses (a) and (b) of Rule 4 are substituted with the following provisions:
* **Original Rule 4 (implied):** The original text of clauses (a) and (b) is not included in the provided text. Therefore, it is impossible to ascertain the precise former requirements.
* **New Rule 4 (clauses a, b, and c):**
* "a an officer of the Supreme Court Registry not below the rank of Registrar; or
* b an officer of Higher Judicial Service in the rank of Additional District and Sessions Judge with minimum one year of experience; or
* c an officer of the rank of Additional Secretary to the Government of India; and must have knowledge of mediation and other Alternative Dispute Resolution activities and should have minimum one year experience of working with legal aid authorities."
* **Difference/Effect of Change:** The amendment expands the potential pool of qualified candidates and introduces explicit requirements for knowledge and experience in mediation, ADR, and legal aid. The inclusion of "an officer of the rank of Additional Secretary to the Government of India" and the mandatory experience with ADR and legal aid activities are the notable changes. Prior requirements are unknown, but this amendment makes ADR/legal aid experience a key consideration.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders directly affected by this amendment are:
* Officers of the Supreme Court Registry who may aspire to positions within the Legal Services Committee.
* Officers of the Higher Judicial Service in the rank of Additional District and Sessions Judge.
* Officers of the rank of Additional Secretary to the Government of India
* Individuals seeking appointment to positions within the Supreme Court Legal Services Committee.
* The Supreme Court Legal Services Committee itself, as the amendment directly impacts its composition.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Central Government, in consultation with the Chief Justice of India, is responsible for implementing these rules, as stated in the notification. The Department of Justice (Ministry of Law and Justice) is the issuing body.
* **Timelines/Procedures:** The amendment came into force on the date of its publication in the Official Gazette, which was March 18, 2021. No other specific timelines or procedures are detailed in the provided text.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of these specific changes is to enhance the expertise within the Supreme Court Legal Services Committee in the areas of mediation, ADR, and legal aid. This could lead to:
* More effective utilization of ADR mechanisms in resolving legal disputes.
* Improved access to legal aid services for those in need.
* A more diverse and experienced membership within the Committee.
**9. Conclusion:**
The Supreme Court Legal Services Committee Amendment Rules, 2021, represent a targeted effort to enhance the skill set and experience of individuals serving on the Committee, particularly in the critical areas of ADR and legal aid. By amending the eligibility criteria, the government aims to strengthen the Committee's capacity to effectively promote and facilitate access to justice. The changes reflect a potential strategic prioritization of ADR methods within the legal system.
Key Entities Referenced
Ministry of Law and Justice: Government ministry responsible for the notification.
New Delhi: Location of the notification, likely the capital of India.
Department of Justice: Department within the Ministry of Law and Justice.
Legal Services Authorities Act, 1987: Act of the parliament of India that grants power to the Central Government to make rules regarding legal services.
Central Government: The executive authority of India.
Chief Justice of India: The head of the judiciary of India, consulted for these rules.
Supreme Court Legal Services Committee Rules, 2000: The rules being amended by this notification.
Supreme Court Legal Services Committee Amendment Rules, 2021: The title of the amended rules introduced by this notification.
Supreme Court Registry: The administrative body of the Supreme Court of India.
Registrar: A rank in the Supreme Court Registry.
Higher Judicial Service: A service for judicial officers.
Additional District and Sessions Judge: A rank in the Higher Judicial Service.
Additional Secretary to the Government of India: A rank in the Government of India.
Niraj Kumar Gayagi: Jt. Secy. named in the notification
Mayapuri, New Delhi: Location of Dte of Printing.
Delhi: Location of Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलxx.-GअID.E-1x8xx0 32021-225991
CG-DL-E-18032021-225991
असाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (i)
PART II—Section 3—Sub-section (i)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 149] नई ददल्ली, बहृ स्ट्प जतिार, माच च18, 2021/फाल्ग नु 27, 1942
No. 149] NEW DELHI, THURSDAY, MARCH 18, 2021/PHALGUNA 27, 1942
जिजध और न्य ाय मत्रं ालय
(न्य ाय जिभाग)
अजधसचू ना
नई ददल्ली, 18 माच,च 2021
सा.का.जन. 198(अ).—केन्रीय सरकार, जिजधक सेिा प्राजधकरण अजधजनयम, 1987 (1987 का 39) द्वारा प्रदत् त
िजत यों का प्रयोग करत े हुए, भारत के न् यायमूतत के परामि च से उच् चतम न् यायालय जिजधक सेिा सजमजत जनयम, 2000 का
और संिोधन करन े के जलए जनम्न जलजखत जनयम बनाती ह,ै अथाचत्:-
1. सजं िप्त नाम और प्रारंभ.—(1) इन जनयमों का संजिप् त नाम उच् चतम न् यायालय जिजधक सिे ा सजमजत (संिोधन) जनयम,
2021 ह ै।
(2) य ेरािपत्र म ें उनके प्रकािन की तारीख को प्रिृत् त होंगे ।
2. उच् चतम न् यायालय जिजधक सेिा सजमजत जनयम, 2000 के जनयम 4 म,ें खंड (क) और खडं (ख) के स्ट् थान पर
जनम्न जलजखत रखा िाएगा, अथाचत्:--
“(क) उच् चतम न् यायालय रजिस्ट् री का रजिस्ट् रार स े अन् यनू पंजत का कोई अजधकारी; या
(ख) उच् चतर न् याजयक सेिा का अजतररत जिला और सेिन न् यायाधीि की पंजत म ें न् यनू तम एक िर्च का अनुभि
रखने िाला कोई अजधकारी; या
(ग) भारत सरकार के अजतररत सजचि की पंजत का कोई अजधकारी; और
1690 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
उन् ह े मध् यत ा और अन् य िैकजल्प क जििाद समाधान दियाकलाप का ज्ञान और जिजधक सेिा प्राजधकरणों म ें काय च करन े का
कम स े कम एक िर् च का अनुभि होना चाजहए ।”
[फा. स.ं ए-60011/36/2018-एलएपी(न् या.)]
नीरि कुमार गयागी, संयु त सजचि
रिप्प ण : मूल जनयम भारत के रािपत्र, असाधारण, भाग II, खंड 3, उपखंड (i), तारीख 3 िुलाई, 2000 म ें सा.का.जन.
582 (अ), तारीख 3 िुलाई, 2000 द्वारा प्रकाजित दकए गए थ े और सा.का.जन. 823 (अ), तारीख 28 निंबर,
2008, सा.का.जन. 807(अ), तारीख 14 निंबर, 2011 और सा.का.जन. 1237(अ), तारीख 27 ददसंबर, 2018
द्वारा पश् चात् तितती संिोधन दकए गए ।
MINISTRY OF LAW AND JUSTICE
(Department of Justice)
NOTIFICATION
New Delhi, the 18th March, 2021
G.S.R. 198(E).—In exercise of the powers conferred by section 27 of the Legal Services
Authorities Act, 1987 (39 of 1987), the Central Government, in consultation with the Chief Justice of India,
hereby makes the following rules further to amend the Supreme Court Legal Services Committee Rules,
2000, namely :—
1. Short title and commencement.--(1) These rules may be called the Supreme Court Legal Services
Committee (Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Supreme Court Legal Services Committee Rules, 2000, in rule 4, for clause (a) and (b)
the following shall be substituted, namely:-
“(a) an officer of the Supreme Court Registry not below the rank of Registrar; or
(b) an officer of Higher Judicial Service in the rank of Additional District and Sessions Judge with
minimum one year of experience; or
(c) an officer of the rank of Additional Secretary to the Government of India; and
must have knowledge of mediation and other Alternative Dispute Resolution activities and should have
minimum one year experience of working with legal aid authorities.”
[F. No. A-60011/36/2018-LAP(JUS]
NIRAJ KUMAR GAYAGI, Jt. Secy.
Note : The Principal Rules were published vide G.S.R. 582 (E), dated the 3rd July, 2000, published in the
Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (i), dated the 3rd July, 2000 and
subsequently amended vide G.S.R. 823(E), dated the 28th November, 2008, G.S.R. 807(E), dated
the 14th November, 2011, G.S.R. 1237(E), dated the 27th December, 2018.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.