Asked December 18, 2016

Legal aid for case in Supreme Court

  • 1 Answer

I am helpless to fight in supreme court the matter is on compassionate ground my father expired on duty I won my case in CAT Bombay and Bombay HC but railway went in supreme Court they filed case of SLP cc now case is admitted but while I am checking in SC site case is pending and I am helpless because I have no money to fight please someone help me.

Answer 1

You are eligible to get free legal aid through Article 38(1) avows that the State shall promote the welfare of the people by securing and protecting the social order including justice. Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law. And most importantly under Article 39A of the Constitution of India, which provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability


Legal Aid implies giving free legal services to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.


Procedure for obtaining free Legal Aid

1) A person who satisfy all or any of the criteria specified shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.

2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

3) The person who wants to take free legal services has to fill up the application form which can be taken free of cost from the Offices concerned situated at Chandigarh, all the District Headquarters and at all the Sub-Divisional Headquarters.

Legal service may be given in all or any one or more of the following modes, namely:-

a) by payment of court fee, process fee, expenses of witnesses, preparation of the paper book, lawyers fee and all other charges payable or incurred in connection with any legal proceedings;

b) through representation by a legal practitioner in legal proceedings;

c) by supplying certified copies of Judgments, orders, notes or evidence and other documents in legal proceedings;

d) by preparation of appeal paper book, including printing, typing and translation of documents in legal proceedings;

e) by drafting of legal documents;

f) by giving legal advice on any legal matter; and g) through Mediation Centres of Family counseling Centre.[1]



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