Now, it is easier for
the middle and relatively lower income group to avail and enjoy the
legal services of the country. The Hon’ble Supreme Court of India has
introduced the Middle Income Group Scheme. It is a self supporting
scheme which provides legal services to the middle income group citizens
i.e. citizens whose gross income is not exceeding Rs.60, 000 per month
or Rs. 7, 50, 000 per annum.
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, as applicable to the National Capital Territory of Delhi
includes Hon’ble Chief Justice of India as Patron-in-Chief, Attorney
General for India as Ex-officio Vice-President, Solicitor General of
India as Honorary Secretary and other senior advocates of the Apex Court
as its members.
As per the Supreme Court rules it is only through advocates on record
cases can be filed before it.
A sum of Rs.500/- shall be payable to the Supreme Court Middle Income
Group Legal Aid Society (SCMIGLAS) as service charges. The applicant
shall have to deposit the fee indicated by the Secretary, which will be
in accordance with the schedule attached to the Scheme. It is the
Secretary, who will register the case under the MIG Legal Aid Scheme and
proceed to forward the papers to the Advocate-on-Record/Arguing
Counsel/Senior Counsel on the panel for opinion.
If Advocate-on-Record is satisfied that it is a fit case to be proceeded
with, then the Society will consider that the applicant is entitled to
legal aid. The view expressed by the Learned Advocate-onRecord will be
final insofar as the eligibility of the applicant for obtaining the
benefit of the Scheme is concerned.
Under the scheme, middle class people who can`t 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.
As per the scheme, 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 this contingent fund.
In the event of the 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 by way of cheque.
As the next step, further, if the Advocate who is 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 which
he may have 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. The name of the Advocate will, however, be struck off from the
panel prepared under the Scheme.
A large number of poor people would approach the Hon'ble Supreme Court
for aid to sort out their cases, file cases on their behalf and get
justice, but could not afford the expenses. To make filing petitions
easy for the underprivileged strata of the society, the Hon’ble Supreme
Court decided to introduce this scheme.