- 20 Sep, 2020 02.01.49 PM
Frequently Asked Questions
Ans.A woman is eligible for grant of legal aid irrespective of her employment and income i.e. no limit of income is prescribed for a woman to approach for legal aid.
Ans.A person belonging to Scheduled Tribe is eligible for grant of legal aid irrespective of his employment and income i.e. no limit of income is prescribed for a belonging to Schedule Tribe to approach for legal aid.
Ans.A person belonging to Scheduled Caste is eligible for grant of legal aid irrespective of his employment and income i.e. no limit of income is prescribed for a belonging to Schedule Caste to approach for legal aid.
Ans.A person belonging to OBC is not eligible for grant of legal aid as the said category is not prescribed under Section 12 of the Legal Service Authority Act, 1987.
Ans.A person who is a Senior Citizen is not eligible for grant of legal aid as the said category is not prescribed under Section 12 of the Legal Service Authority Act, 1987.
Ans.The application for grant of legal services has to be accompanied by the Affidavit sworn by the person seeking grant of legal aid and an Affidavit cannot be made on behalf of some other person. Therefore, the application for grant of legal aid can be made only by the person who is willing to file a petition and not by any other person on his behalf.
Ans.The person who is arrayed as a party before the Hon'ble Supreme Court may approach the SCLSC to defend him before the Hon'ble Supreme Court, if he belongs to the category eligible for grant of legal aid.
Ans.There is no specific time prescribed for the purpose of assigning the matters to the panel advocates, however, it is done by the SCLSC as soon as possible and the case received is dealt with on priority basis.
Ans.The case submitted for legal aid is also examined on merits for the purpose of grant of legal aid as prescribed under Section 12 (2) of the Legal Services Authorities Act, however, the Committee has taken a decision that in criminal cases relating to filing of SLP wherein the sentence awarded is 10 years or above, will be assigned directly to the panel advocate.
Ans.After receipt of application from the applicant, the case papers are scrutinized and if the application is complete in all respect, then the matter is sent to the Screening Committee for consideration on the merits of the case for the purpose of filing before Hon'ble Supreme Court.If the matter is recommended/approved by the Screening Committee, then the matter is assigned to the panel advocate for the purpose of filing.If the matter is not recommended, then the case papers are returned to the applicant.However, in the criminal cases wherein the sentence awarded is more than 10 years, the matter is directly assigned to the panel lawyer for filing.
Ans.The period of limitation for the purpose of filing a petition in Hon'ble Supreme Court does not stop running on submission of case to SCLSC for grant of Legal Aid.
Ans.A person can submit an application for grant of Legal Aid without Certified copy of impugned order.
Ans.A person who is convicted by the High Court may approach the SCLSC for grant of Legal Aid for filing SLP without surrendering, if he falls in any of the categories eligible for grant of legal aid excluding the category of the “persons in Judicial Custody”.
Ans.The person applying for legal aid is required to submit all the records of the lower courts along with application for grant of legal services, two affidavits (duly sworned and attested) and vakalatnama (proformas provided on the website).
Ans.A person to whom legal aid is granted can withdraw from the legal services at any stage by submission of an application to the Secretary, SCLSC.
Ans.Screening Committee examines the application received on merits and recommend the matter for assignment to the panel advocate. The Screening Committee consist of Senior Advocates and therefore, the members of the Committee are having wide experience in the legal field.
Ans.A person who has received the Notice and does not have the paper book of the SLP/T.P./W.P. can approach the SCLSC for grant of Legal Aid.
Ans.A person can approach for filing Review Petition after the disposal of SLP by the Hon'ble Supreme Court.If the SLP was not filed through SCLSC, then the person is required to give NOC from the previous counsel.The limitation period prescribed for filing Review Petition is 30 days from the date of disposal of SLP. Each case is considered on its merits for grant of legal aid.
Ans.The person may contact the panel lawyer to whom the matter has been assigned for enquiry of any case pending before the Hon'ble Supreme Court.
Ans.A person can check the status of his application submitted to SCLSC by sending a letter addressed to the Ld. Secretary, by phone, by e-mail and also on the website.
Ans.A person to whom legal aid is granted is not required to pay to the panel advocate in any manner (fees/expense is not required to be paid).
Ans.If the matter is rejected by the Screening Committee/SCLSC, then the aggrieved person may file an appeal before the Hon'ble Chairman under Regulation 12(6) of the SCLSC Regulation 1996.
Ans.Legal is not granted to file a PIL.
Ans.The data and record submitted by the applicant to the SCLSC is kept in a safe custody and the information given is kept confidential.
Ans.SCLSC does not provide lawyer for appearing in NCDRC or any other Judicial forum, the scope of providing lawyers is limited to grant of legal aid in Supreme Court only as per.Regulation 5 of the SCLSC, Regulation 1996.
Ans.A person in judicial custody can approach the SCLSC for grant of legal aid through Jail Superintendent.
Ans.SCLSC does not grant legal aid to file Curative Petition in Civil Matters as per Resolution dated 05.08.2013.
Ans.SCLSC grants legal aid to file Curative Petition in Criminal Matters relating to Life Imprisonment and Death Sentences only as per Resolution dated 05.08.2013.
Ans.The person who has submitted an application for grant of legal aid may submit any grievance by sending a letter addressed to the Ld. Secretary, by e-mail and also on the website.