In a bid to ostensibly soften the damage to the middle class litigant’s wallet, the Supreme Court has launched the Middle Income Group Scheme..Under the scheme, persons whose gross income does not exceed Rs. 60,000 per month or Rs. 7,50,000 per annum can pursue litigation in the apex court for an initial fee of Rs. 500, which is to be paid to the Supreme Court Middle Income Group Legal Aid Society (SCMIGLAS). An additional sum of Rs. 750 is required to be paid up to the stage of admission, towards the Contingent Fund..The governing body of this Society will be headed by a sitting judge of the apex court nominated by the Chief Justice of India, with the Attorney General as ex-officio Vice-President. An Executive Committee of nine members shall be formed for three years, at the end of which the CJI can reconstitute the Committee on the advice of the President of the Society..A panel comprising Advocates-on-Record and other lawyers will be set up for this purpose. Once the fee is paid, the Secretary of the Scheme will register the case under the MIG Legal Aid Scheme and forward the papers to the concerned Advocate-on-Record, arguing counsel or Senior Counsel on the panel for opinion..However, it seems that this Scheme has more than one objective. Perhaps with the intent of filtering out frivolous cases from the system, the Scheme gives the AoR concerned the power to decide whether the issue is worth pursuing before the court. The Scheme states,.“In case the learned advocate on perusing them (the case papers) opines that this is not a fit case for leave to appeal to the Supreme Court, in that view of the matter, the applicant will not be entitled to benefit of the Scheme…the view expressed by the learned Advocate-on-Record shall be final in so far as the eligibility of the applicant for obtaining the benefit of the Scheme is concerned.”.In such a case, the aforementioned fee of Rs. 750 shall be refunded to the applicant..The applicant can also submit the names of three Advocates-on-Record or arguing counsel of his choice. However, the Society has the final say in which lawyers will be assigned to the case. Once the Secretary goes through the case files, he will make an estimate of the approximate expenses required to prepare the court record..The Scheme also holds the empanelled advocates accountable should they be negligent in the handling of the case. In such an instance, the advocate is required to return the brief along with the fee paid by the applicant, and his name is liable to be struck off from the panel..According to the Schedule, an honorarium of Rs. 10,000 will have to be paid to AoRs for drafting SLPs and writ petitions, while the fee for drafting transfer petitions is Rs. 5000. The amount to be paid for hearing the matter at final disposal stage or at the appeal stage in Rs. 3000 per day, up to a maximum of Rs. 9000..If appearing on the respondent’s side, a fee of Rs. 5000 will have to be paid for drafting counter affidavit or statement of objections..The Schedule also mentions the cost of engaging a Senior Advocate. Rs. 2000 will have to be paid for settlement of SLP/writ petition/transfer petition/counter affidavit etc. Seniors will also get Rs. 5000 per appearance at the admission stage, up to a maximum of Rs. 10,000. A sum of Rs. 7000, up to a maximum of Rs. 14,000, is liable to be paid per appearance at the final disposal or appeal stage..Below is a copy of the Scheme:
In a bid to ostensibly soften the damage to the middle class litigant’s wallet, the Supreme Court has launched the Middle Income Group Scheme..Under the scheme, persons whose gross income does not exceed Rs. 60,000 per month or Rs. 7,50,000 per annum can pursue litigation in the apex court for an initial fee of Rs. 500, which is to be paid to the Supreme Court Middle Income Group Legal Aid Society (SCMIGLAS). An additional sum of Rs. 750 is required to be paid up to the stage of admission, towards the Contingent Fund..The governing body of this Society will be headed by a sitting judge of the apex court nominated by the Chief Justice of India, with the Attorney General as ex-officio Vice-President. An Executive Committee of nine members shall be formed for three years, at the end of which the CJI can reconstitute the Committee on the advice of the President of the Society..A panel comprising Advocates-on-Record and other lawyers will be set up for this purpose. Once the fee is paid, the Secretary of the Scheme will register the case under the MIG Legal Aid Scheme and forward the papers to the concerned Advocate-on-Record, arguing counsel or Senior Counsel on the panel for opinion..However, it seems that this Scheme has more than one objective. Perhaps with the intent of filtering out frivolous cases from the system, the Scheme gives the AoR concerned the power to decide whether the issue is worth pursuing before the court. The Scheme states,.“In case the learned advocate on perusing them (the case papers) opines that this is not a fit case for leave to appeal to the Supreme Court, in that view of the matter, the applicant will not be entitled to benefit of the Scheme…the view expressed by the learned Advocate-on-Record shall be final in so far as the eligibility of the applicant for obtaining the benefit of the Scheme is concerned.”.In such a case, the aforementioned fee of Rs. 750 shall be refunded to the applicant..The applicant can also submit the names of three Advocates-on-Record or arguing counsel of his choice. However, the Society has the final say in which lawyers will be assigned to the case. Once the Secretary goes through the case files, he will make an estimate of the approximate expenses required to prepare the court record..The Scheme also holds the empanelled advocates accountable should they be negligent in the handling of the case. In such an instance, the advocate is required to return the brief along with the fee paid by the applicant, and his name is liable to be struck off from the panel..According to the Schedule, an honorarium of Rs. 10,000 will have to be paid to AoRs for drafting SLPs and writ petitions, while the fee for drafting transfer petitions is Rs. 5000. The amount to be paid for hearing the matter at final disposal stage or at the appeal stage in Rs. 3000 per day, up to a maximum of Rs. 9000..If appearing on the respondent’s side, a fee of Rs. 5000 will have to be paid for drafting counter affidavit or statement of objections..The Schedule also mentions the cost of engaging a Senior Advocate. Rs. 2000 will have to be paid for settlement of SLP/writ petition/transfer petition/counter affidavit etc. Seniors will also get Rs. 5000 per appearance at the admission stage, up to a maximum of Rs. 10,000. A sum of Rs. 7000, up to a maximum of Rs. 14,000, is liable to be paid per appearance at the final disposal or appeal stage..Below is a copy of the Scheme: