Legal Aid Scheme
The scheme is called the “SUPREME COURT MIDDLE INCOME GROUP LEGAL AID SCHEME“. It is financially independent and the initial capital will be contributed by the first Executive Committee. This scheme offers legal services to citizens in the middle income group, specifically those whose gross income does not exceed Rs.60,000/- per month or Rs. 7,50,000/-.
The fee and expenses outlined in the Scheme will be in effect and may be amended by the Society as needed.
The Office Bearers of the Legal Aid Scheme
According to the Society’s Rules and Regulations, the Chief Justice of India will appoint a sitting judge of the Supreme Court as the President, and the Attorney General of India will serve as the Ex-Officio Vice President of the Society. The Executive Committee will consist of nine members, including the Secretary and Treasurer, who will serve for a period of three years. Upon expiration of this term, or at any earlier time deemed appropriate by the Hon’ble Chief Justice of India, the Executive Committee can be reconstituted in consultation with the Hon’ble President. The Hon’ble Chief Justice of India, in consultation with the President of the Society, can nominate the Secretary and Treasurer from among the members of the Executive Committee.
The office bearers of the Scheme will hold meetings at least once every two months, or sooner if deemed necessary.
The Scheme will apply to cases intended to be filed in the Supreme Court of India.
Panel of Advocates Under Scheme
The fees payable to an Advocate or a Senior Advocate (if engaged at the litigant’s request) will be as indicated in the Schedule attached to this Scheme, which may be updated from time to time.
The Scheme will have a panel of Advocates, including an Advocate-on-Record. When creating the panel, care will be taken to include at least one Advocate, but no more than two, who are proficient in the regional language of the territory in which the court proceedings will take place.
The panel Advocates will be required to provide a written undertaking that they will comply with the terms and conditions of the Scheme when assigned a case under it.
Anyone who wishes to avail themselves of the services of an Advocate on the Scheme‘s panel must submit an application in the prescribed format, along with the necessary documents, to the Scheme’s Secretary.
Once the papers are received, they will be assigned to the chosen Advocate-on-Record as requested by the applicant under the Scheme. If the Advocate determines that the case is not suitable for an appeal to the Supreme Court, the applicant will not be eligible for the Scheme’s benefits. In such cases, the Supreme Court Middle Income Group Legal Aid Society will promptly return the papers to the applicant and deduct a service charge of Rs.750/- only. The remaining service charges, as well as any fees or expenses deposited by the applicant, will be refunded. If the Advocate-on-Record finds the case suitable for proceeding, the Middle Income Group Legal Aid Society will consider the applicant eligible for legal aid. The Advocate-on-Record’s decision regarding the applicant’s eligibility for the Scheme will be final.
The applicant may provide three names, in order of preference, for the Advocate-on-Record, arguing Counsel, or Senior Counsel from the Society’s panel. The Society will make efforts to accommodate the preferences, if possible.
Contigent Fund Under The Scheme
The Executive Committee of the Scheme will open a savings account with UCO Bank, located in the Supreme Court Compound, under the name “Supreme Court Middle Income Group Legal Aid Society”. The account will be operated by any three members of the Executive Committee who are authorized by the Committee, and the signatures of any two members will be sufficient to manage the account. All funds received under the scheme, including grants, will be recorded by a designated person and subject to regular audits. The funds received through the Scheme will be used to cover all expenses, including salaries and other approved expenses, as determined by the Executive Committee. A Contingent Fund will be established within the Scheme to cover miscellaneous expenses related to cases under the Scheme. Applicants will be required to deposit a sum of Rs.750/-, in addition to other necessary charges, into this fund until the case is admitted. The fees for auditing the account, printing application forms, legal documents, and other administrative expenses will be paid from this fund. Therefore, when submitting their case papers, applicants must make the estimated fee payment, expenses determined by the Secretary, and an additional sum of Rs.750/-. The applicant must deposit the amount indicated by the Secretary in cash or through a Bank Draft. If the learned Advocate determines that the case is not suitable for an appeal to the Supreme Court, the entire amount, minus Rs.750/- as minimum service charges, will be refunded to the applicant via cheque. The initial expenses for printing forms and other office-related costs will be covered by the initial corpus of the Scheme.The payment schedule for fees to Advocates under the Scheme will remain the same and may be updated periodically.
Documents Litigants need to provide when approaching the Supreme Court?
Applicants must submit completed application forms along with all necessary documentation to the MIG Society. For example, if someone wants to file an appeal against a High Court order, they need to include a certified copy of the High Court order, the petition they filed in the High Court, copies of lower court judgments/orders, and other relevant documents. If these documents are not in English, please provide translated copies.
Case Assignment
When a case is assigned to an Advocate under the Scheme, the litigant will be directed to deposit the required fee and expenses with the Society, as assessed by the Secretary. Payments to the Advocate or service charges to the Scheme, as stated in the schedule, must be made in cash or by bank draft.
The Advocate-on-Record will submit a bill based on the amounts specified in the schedule for printing, court fees, and appearance fees, along with a copy of the filing memo as proof of filing the Petition/Appeal for which the claim is made. The Advocate will inform the Society about the admission of any matter so that the client can be requested to pay the fee for processing the Appeal. Without this information, the Committee cannot recover the amount from the client and pay it to the Advocate when the case is heard. The fee for regular matters will be paid to the Advocate upon receipt of a bill at the conclusion of the final hearing.
Once a case is assigned to an Advocate, it is the Advocate’s responsibility to handle the matter in the best interest of the client. The Advocate will communicate directly with the litigant, and the Society will not monitor the assignment and final resolution of the matter. However, if a written complaint is received, the Society will intervene.
If the Society receives a complaint from the litigant and/or the Advocate regarding the litigant/Advocate, the Committee will conduct an inquiry and take appropriate action as necessary.
Conclusion
The Middle Income Group Scheme provides legal services to citizens in the middle income group who have a gross income below a certain threshold. The scheme is financially independent and its initial capital will be contributed by the first Executive Committee. The Chief Justice of India appoints a sitting judge of the Supreme Court as the President of the scheme, and the Attorney General of India serves as the Ex-Officio Vice President. The Executive Committee, consisting of nine members including the Secretary and Treasurer, serves for a period of three years. The scheme applies to cases intended to be filed in the Supreme Court of India. The fees payable to an Advocate or Senior Advocate engaged at the litigant’s request are outlined in the attached schedule. The scheme has a panel of Advocates, including an Advocate-on-Record, and at least one Advocate proficient in the regional language of the court proceedings will be included. Applicants must submit an application and necessary documents to the scheme’s Secretary to avail themselves of the services of an Advocate on the panel.
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Frequently Asked Questions:
Q1. What is the Middle Income Group Legal Aid Scheme of the Supreme Court?
A1. The Supreme Court Middle Income Group Legal Aid Scheme is a programme that offers legal assistance to those in the middle income bracket, namely those whose gross monthly or yearly income is less than or equal to Rs. 60,000/-.
Q2. Who appoints the Legal Aid Scheme’s office holders?
A2. The Attorney General of India serves as the Ex-Officio Vice President, and the Chief Justice of India designates a serving Supreme Court judge as the scheme’s President. There are nine people in the executive committee, including the secretary and treasurer.
Q3. What kinds of circumstances is the Scheme applicable to?
A3.The Scheme is applicable to matters intended for the Indian Supreme Court.
Q4. How does the Scheme create an Advocates panel?
A4. The Scheme keeps an advocate panel, which includes an advocate-on-record. A minimum of one advocate who is fluent in the local tongue of the location where the court proceedings will take place is included.
Q5. How may people use the services of an advocate under the Scheme ?
A5. Individuals must make an application to the Secretary of the Scheme in the approved manner and include all required documentation in order to receive legal aid under the Scheme.
Q6. If the Advocate-on-Record decides that a matter is not appropriate for appeal to the Supreme Court, what happens?
A6. The Supreme Court Middle Income Group Legal Aid Society will swiftly return the files to the applicant in certain circumstances and deduct a service fee of Rs. 750/-. The applicant will receive a reimbursement for any unpaid fees or expenses in addition to the remaining service charges.
Q7. How are funds managed by the Scheme?
A7. With UCO Bank, the Scheme keeps a savings account under the name “Supreme Court Middle Income Group Legal Aid Society.” Grants are included in the total amount received, which is recorded, regularly audited, and used to pay for allowed expenses like salaries.
Q8. Under the Scheme, what kinds of papers must petitioners present to the Supreme Court?
A8. Litigants must submit fully filled-out application forms along with all other supporting materials, such as certified copies of rulings, orders, and other pertinent paperwork. In the event that these documents are not in English, translated versions must be offered.
Q9. What is the Contingent Fund and how is it funded?
A9. To pay for other costs associated with cases, the Scheme established the Contingent Fund. Before the case is allowed, applicants must deposit an amount of Rs. 750 in this fund along with any other fees that may be required.
Q10. What happens when an advocate is given a case under the Scheme ?
A10. In response, it is the Advocate’s duty to manage the case in the client’s best interests once it has been entrusted to them. The litigant will speak with the Advocate personally. The Society will look into any written complaints it receives and take appropriate action afterward.
