Supreme Court introduces legal aid scheme for middle income group - (16 Feb 2017)

Civil

The Supreme Court has introduced a Middle Income Group Scheme making it easier to seek legal services for citizens whose gross income is not exceeding Rs.60, 000 per month or Rs. 7, 50, 000 per annum. The decision of the Supreme Court in introducing the said scheme is in wake of providing benefit to middle income strata of society making it easier for them to file petitions. Under the scheme, middle class people who are not able to afford the expensive litigation in the Supreme Court can avail the services of the society for a nominal amount. The person desirous of availing the benefit of the Scheme shall have to fill up the form prescribed and accept all the terms and conditions contained therein. A litigant/applicant shall have to pay Rs. 500 to the Supreme Court Middle Income Group (MIG) Legal Aid Society as service charges.

The members of the governing body to whom the management of the Society is entrusted as required under Section 2 of the Societies Registration Act, 1860, includes the Hon’ble Chief Justice of India as Patron-in-Chief, the Attorney General for India as Ex-officio Vice-President, the Solicitor General of India as Honorary Secretary and other Senior Advocates of the Supreme Court as its members. It is a self-supporting scheme for providing legal services to the middle and relatively lower income groups. As per the Supreme Court rules, it is only through advocates on record, cases can be filed before it. On satisfaction of Advocate-on-Record for the case to be proceeded with, then the Society will consider that the applicant is entitled to legal aid. Decision of Learned Advocate-on-Record will be final insofar as the eligibility of the applicant for obtaining the benefit under the Scheme.

Further, contingent fund will be created to meet the miscellaneous expenditure in connection with the case under the Scheme by requiring the applicant to deposit upto the stage of admission, a sum of Rs.750/- in addition to the charges required to be deposited with the Society, out of the contingent fund. If learned Advocate taking the view that the case is not fit one for an Appeal to the Supreme Court, then the entire amount after deduction Rs.750/- towards minimum service charges of the Committee shall be refunded to the Applicant through cheque.

If an Advocate appointed under the Scheme is found negligent in the conduct of the case entrusted to him, then he will be required to return the brief together with the fee received from the applicant under the scheme. Further, the Society will not be responsible for the negligent conduct of the case but the entire responsibility will be that of the Advocate vis-a-vis the client. However, name of the Advocate will, be struck off from the panel prepared under the Scheme. In totality, it is a welcome step by the Supreme Court in providing legal assistance to middle strata of society and this initiative should also be extended to High Courts and district Courts across entire India.

Tags : LEGAL AID SCHEME INTRODUCTION