Question- What is the income limit for a person to be entitled to avail the benefit of Supreme Court’s recently announced Middle Income Group Scheme?
a) 60, 000 per month
b) 30,000 per month
c) 45,000 per month
d) 50,000 per month
Ans: (a)
Related facts:
• According to a press release issued by Ministry of Law & Justice dated 16th February, 2017, 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, 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.
Provisions of the Scheme:
• 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.
• 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-on Record will be final insofar as the eligibility of the applicant for obtaining the benefit of the Scheme is concerned.
• In case the advocate thinks 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.
• If the Advocate appointed under the Scheme is found negligent in the conduct of the case, then he will be required to return the brief together with the fee which he may have received from the applicant under the scheme.
• However, 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.
Benefits:
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. A large number of poor people would approach the Supreme Court for aid to sort out their cases, file cases on their behalf and get justice. This scheme will make filing petitions easy for the underprivileged strata of the society.
Reference:
http://pib.nic.in/newsite/PrintRelease.aspx?relid=158509
http://www.thehindu.com/news/national/Supreme-Court-makes-legal-services-affordable/article17314346.ece