Supreme Court Middle Income Group Legal Aid Scheme

About scheme
The “Supreme Court Middle Income Group Legal Aid Scheme”  is intended to provide legal services to the middle income citizen i.e. citizen whose gross maximum income per month does not exceed Rs.20,000/- or Rs. 2,40,000/- per annum and in appropriate case even allow applicant having income up to Rs.25,000/- per month or Rs.3,00,000/- per annum. The scheme is self supporting and the initial capital of the Scheme shall be contributed by the First Executive Committee.

Cases covered under the scheme

• The case intended to be filed in Supreme Court.
• The Scheme will not be applicable to cases mentioned below, falling under the jurisdiction of the Supreme Court:
  (a) Reference under Section 130A of the Custom Act, 1962,
  (b) Reference under Section 35 H of the Central and Excise and Salt Act, 1944,
  (c) Reference under Section 82C of the Gold ( Control) Act, 1968,
  (d) Reference under Section 7(2) of the M.R.T.P. Act, 1969,
  (e) Reference under Section 25 J of the Income Tax Act, 1961,
  (f)  Reference under Art. 317(1) of the Constitution,
  (g) Election under Part III of the President and Vice-President Act, 1952,
  (h) Election of Member of Parliament and Members of State Legislature under the Election Law,
  (i) Appeal under Section 55 of the M.R.T.P. Act, 1969,
  (j) Appeal under Clause (b) of Section 130 E of the Customs Act, 1962,
  (k) Appeal under Section 35 L of the Central Excise and Salt Act, 1944,
  (i) Review matters.

When to approach for aid
The litigant can approach the Middle Income Group Society in two situations viz. To file or defend a case in the Supreme Court, this would include:

• Appeal / Special Leave Petitions, Civil or Criminal, against an order of the High Court,
• Writ Petition / Habeas Corpus,
• Petition for transferring a case, civil or criminal, pending in one State to another State within India, and
• Legal advice regarding proposed legal proceedings in Supreme Court

How it works

• Supreme Court Middle Income Group Society has a panel of Advocates including Advocate-on-Record under the Scheme. While drawing up the panel care is taken to include one Advocate, but not exceeding two, knowing Regional Language in the territory of India in which the work is conducted in the Court below.
• The panel Advocates shall given an undertaking in writing that they will abide by the terms and conditions of the Scheme upon assignment of a case under the Scheme.
• The Society will obtain a list of 3 names of Advocates in the order of preference from the panel maintained by the Committee. The applicant may indicate any 3 names both in relation to the Advocate-on-Record or the arguing counsel or the Senior Counsel as the case may be. The Committee would attempt to honour the choice indicated.
• The Committee would be at liberty to assign the matter to any Advocate-on-Record / arguing Counsel, Senior Advocate of the Panel. The final right to assign the papers of the applicant under the Scheme to any Advocate-on-Record or the arguing counsel or Senior Counsel will remain with the Supreme Court (Middle Income Group) Legal Aid Society. 
  

Where to approach for legal aid

• Interested litigant shall have to fill up the prescribed form and to approach The Secretary (Supreme Court Middle Income Group Legal Aid Society, 109- Lawyers Chambers, Post Office Wing, Supreme Court Compound, New Delhi-110001) of the Scheme by filing an application in the prescribed form along with the relevant documents.
• After receiving the application from applicant, legal aid society assign that papers to Advocate-on-Record to examine the matter and take effective steps only upon being satisfied that it is a fit case to be proceeded with.
• The view expressed by the learned Advocate-on-Record will be final in so far as the eligibility of the applicant for obtaining the benefit of the Scheme is concerned. Upon such an endorsement being made either upon the case papers or in any accompanying letter, the Supreme Court Middle Income Group Legal Aid Society shall return the papers forthwith to the applicant and deduct a sum of Rs.350/- only towards service charges.

Fee for legal aid

• The applicant shall have to deposit the fee indicated by Secretary, which will be in accordance with the schedule attached to the Scheme. It is only upon payment of the said amount that the Secretary will register the case as a 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.
• The amount indicated by the Secretary on the basis of the estimate details shall be deposited by the applicant in cash or in the mode of Bank Draft.
• The initial expenses for printing of forms and other office expenses would be borne by initial corpus of the Scheme.
  
  
  Schedule of fee for advocate on record /advocates

Documents required from the litigants

• The applicants are required to submit the applications forms to the MIG Society along with full documentations. For instance, if he / she seeks to file an appeal against the order of the High Court, he/ she is required to submit a certified copy of the order of the High Court, Petition copy filed by him/her in the High Court, copies of the Lower Court judgments/order and other relevant documents. If these are in a language other than English, translated copies in English should be submitted.
• Required fee and expenses as per schedule as assessed by the Secretary.

For more information about scheme, visit Supreme Court Middle Income Group Legal Aid Society