Ministry of Law and Justice (India)

History

Ministry of law and justice is the oldest limb of the government of India dating back to 1833 when the Charter Act 1833 was enacted by the British Parliament when India was under British control. The said Act vested for the first time legislative power in a single authority, namely the Governor General in Council. By virtue of this authority and the authority vested under him under section 22 of the Indian Councils Act 1861 the Governor General in Council enacted laws for the country from 1834 to 1920. After the commencement of the Government of India Act 1919 the legislative power was exercised by the Indian Legislature constituted thereunder. The Government of India Act 1919 was followed by the Government of India Act 1935. With the passing of the Indian Independence Act 1947 India became a 'dominion' and the 'dominion legislature' made laws from 1947 to 1949 under the provisions of section 100 of the Government of India Act 1935 as adapted by the India (Provisional Constitution) Order 1947. When the Constitution of India came into force on 26 January 1950, the legislative power thereafter got vested in the Indian parliament.

Structure

The Government of India (Allocation of Business) Rules of 1961 entail the various departments working under the Ministry of Law and Justice of Government of India. In terms of these Rules, the Ministry comprises the following departments:

1. Department of Legal Affairs,
2. Legislative Department, and
3. Department of Justice.

Legislative Department

The Legislative Department is mainly concerned with drafting of all principal legislation for the Central Government i.e. Bills to be introduced in Parliament, Ordinances to be promulgated by the President, measures to be enacted as President's Acts for States under the President's rule and Regulations to be made by the President for Union territories. It is also concerned with election Laws namely the Representation of the People Act 1950 and the Representation of the People Act 1951. In addition it is also entrusted with task of dealing with certain matters relating to List III of the Seventh Schedule to the Constitution like personal law, contracts evidence etc. The responsibility of maintaining up to date the statutes enacted by Parliament is also with this Department. The Allocation of Business Rules identify the following functions to be carried out by this Department; [1]

1. The drafting of Bills, including the business of the Draftsmen in Select Committees, drafting and promulgation of Ordinances and Regulations; enactment of State Acts as President's Acts whenever required; scrutiny of Statutory Rules and Orders (except notifications under clause (a) of section 3, section 3A and section 3D, of the National Highways Act, 1956 (48 of 1956)).
2. Constitution Orders; notifications for bringing into force Constitution (Amendment) Acts.
3. (a) Publication of Central Acts, Ordinance and Regulations; (b) Publication of authorised translations in Hindi of Central Acts, Ordinances, Orders, Rules, Regulations and bye-laws referred to in section 5(1) of the Official Languages Act, 1963 (19 of 1963).
4. Compilation and publication of unrepealed Central Acts, Ordinances and Regulations of general statutory Rules and Orders, and other similar publications.
5. Elections to Parliament, to the Legislatures of States, to the Offices of the President and Vice-President; and the Election Commission.
6. Preparation and publication of standard legal terminology for use, as far as possible, in all official languages.
7. Preparation of authoritative texts in Hindi of all Central Acts and of Ordinances promulgated and Regulations made by the President and of all rules, regulations and orders made by the Central Government under such Acts, Ordinances and Regulations.
8. Making arrangements for the translation into official languages of the States of Central Acts and of Ordinances promulgated and Regulations made by the President and for the translation of all State Acts and Ordinances into Hindi if the texts of such Acts or Ordinance are in a language other than Hindi.
9. Publication of law books and law journals in Hindi.
10. Marriage and divorce; infants and minors; adoption, wills; intestate and succession; joint family and partition.
11. Transfer of property other than agricultural land (excluding benami transactions registration of deeds and documents).
12. Contracts, but not including those relating to agricultural land.
13. Actionable wrongs.
14. Bankruptcy and insolvency.
15. Trusts and trustees, Administrators, General and Official Trustees.
16. Evidence and oaths.
17. Civil Procedure including Limitation and Arbitration.
18. Charitable and religious endowments and religious institutions.

Department of Justice

The Department of Justice performs the administrative functions in relation to the appointment of various judges at various courts in India, maintenance and revision of the conditions and rules of service of the judges and other related areas. The Allocation of Business Rules identify the following functions to be carried out by this Department; [2]

1. Appointment, resignation and removal of the Chief Justice of India and Judges of the Supreme Court of India; their salaries, rights in respect of leave of absence (including leave allowances), pensions and travelling allowances.
2. Appointment, resignation and removal, etc., of Chief Justice and Judges of High Courts in States; their salaries, rights in respect of leave of absence (including leave allowances), pensions and travelling allowances.
3. Appointment of Judicial Commissioners and Judicial officers in Union Territories.
4. Constitution and organisation (excluding jurisdiction and powers) of the Supreme Court (but including contempt of such Court) and the fees taken therein.
5. Constitution and organisation of the High Courts and the Courts of Judicial Commissioners except provisions as to officers and servants of these courts.
6. Administration of justice and constitution and organisation of courts in the Union Territories and fees taken in such courts.
7. Court fees and Stamp duties in the Union Territories.
8. Creation of all India Judicial Service.
9. Conditions of service of District Judges and other Members of Higher Judicial Service of Union Territories.
10. Extension of the Jurisdiction of a High Court to a Union Territory or exclusion of a Union Territory from the Jurisdiction of a High Court.