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The '''Ministry of Law and Justice''' is a Ministry of [[Government of India]]. Under the [http://cabsec.nic.in/abr/welcome.html ''Government of India (Allocation of Business) Rules'' of 1961], the Ministry is vested with the responsibility of (i) administration of legal affairs, (ii) justice, and (iii) legislative affairs in [[India]].
The '''Ministry of Law and Justice''' is one of the oldest ministry <sup>1</sup> of the Govt. of [[India]], having its base in Charter Act 1833 enacted by the [[British Parliament]] vested the Legislative power in a single authority the Governor General of India. The [[Governor General]] enacted laws for the British India until 1920 when Govt. of India act 1919 replaced the legislative power to the Indian Legislature constituted thereunder. As of May 2008, the ministry is headed by [[Cabinet Minister]] [[H.R. Bhardwaj]].

It is one of the oldest Ministries operating in India. Earlier, in terms of the Charter Act of 1833 enacted by the [[British Parliament]], the Legislative power was vested in a single authority namely the Governor General of India. The [[Governor General]] enacted laws for the British India until 1920. The Government of India Act passed in 1919 vested the legislative power to the Indian Legislature constituted thereunder. Since then the Ministry of Law has been functioning as the sole repository of legal functions of the Government of India.

The Ministry is headed by a Cabinet Minister. Presently the Ministry is headed by Mr. [[H.R. Bhardwaj]].


==Structure==
==Structure==
The [http://cabsec.nic.in/abr/welcome.html ''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 of the following departments; [http://cabsec.nic.in/abr/abr19.htm]
The ministry comprises the following Departments:-
*Legislative Department
# Department of Legal Affairs,
# Legislative Department, and
*Department of Legal Affairs
# Department of Justice.

===Department of Legal Affairs===
The Dept. of Legal affairs renders advice to various ministries on legal matters and attends to litigation on behalf of the Government of India in the Courts. The dept. also looks in to matters regarding the treaties with foreign government in matters of civil laws. It further concerns itself with the appointment of Law Officers of the Union of India, namely Attorney General, Solicitor General and Additional Solicitors General.

The Allocation of Business Rules identify the following functions to be carried out by this Department; [http://cabsec.nic.in/abr/abr19.htm]

# Advice to Ministries on legal matters including interpretation of the Constitution and the laws, conveyancing and engagement of counsel to appear on behalf of the Union of India in the High Courts and subordinate courts where the Union of India is a party.
# Attorney General of India, Solicitor General of India, and other Central Government law officers of the States whose services are shared by the Ministries of the Government of India.
# Conduct of cases in the Supreme Court and the High Courts on behalf of the Central Government and on behalf of the Governments of States participating in the Central Agency Scheme.
# Reciprocal arrangements with foreign countries for the service of summons in civil suits, for the execution of decrees of Civil Courts, for the enforcement of maintenance orders, and for the administration of the estates of foreigners dying in India intestate.
# Authorization of officers to execute contracts and assurances and of property on behalf of the President under Article 299(1) of the Constitution, and authorization of officers to sign and verify plaints or written statements in suits by or against the Central Government.
# Indian Legal Service.
# Treaties and agreements with foreign countries in matters of civil law.
# [[Law Commission of India]]
# Legal Profession including the Advocates Act, 1961 (25 of 1961) and persons entitled to practice before High Courts.
# Enlargement of the jurisdiction of Supreme Court and the conferring thereon of further powers; persons entitled to practice before the Supreme Court; references to the Supreme Court under Article 143 of the Constitution of India.
# Administration of the Notaries Act, 1952 (53 of 1952).
# Income-tax Appellate Tribunal.
# Appellate Tribunal for Foreign Exchange.
# Legal aid to the poor.


===Legislative Department===
===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 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; [http://cabsec.nic.in/abr/abr19.htm]

# 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).
# Constitution Orders; notifications for bringing into force Constitution (Amendment) Acts.
# (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).
# Compilation and publication of unrepealed Central Acts, Ordinances and Regulations of general statutory Rules and Orders, and other similar publications.
# Elections to Parliament, to the Legislatures of States, to the Offices of the President and Vice-President; and the Election Commission.
# Preparation and publication of standard legal terminology for use, as far as possible, in all official languages.
# 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.
# 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.
# Publication of law books and law journals in Hindi.
# Marriage and divorce; infants and minors; adoption, wills; intestate and succession; joint family and partition.
# Transfer of property other than agricultural land (excluding benami transactions registration of deeds and documents).
# Contracts, but not including those relating to agricultural land.
# Actionable wrongs.
# Bankruptcy and insolvency.
# Trusts and trustees, Administrators, General and Official Trustees.
# Evidence and oaths.
# Civil Procedure including Limitation and Arbitration.
# 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; [http://cabsec.nic.in/abr/abr19.htm]

# 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.
# 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 traveling allowances.
# Appointment of Judicial Commissioners and Judicial officers in Union Territories.
# Constitution and organisation (excluding jurisdiction and powers) of the Supreme Court (but including contempt of such Court) and the fees taken therein.
# Constitution and organisation of the High Courts and the Courts of Judicial Commissioners except provisions as to officers and servants of these courts.
# Administration of justice and constitution and organisation of courts in the Union Territories and fees taken in such courts.
# Court fees and Stamp duties in the Union Territories.
# Creation of all India Judicial Service.
# Conditions of service of District Judges and other Members of Higher Judicial Service of Union Territories.
# 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.

==See also==
* [[Council of Ministers of the Republic of India]]
* [[Government of India]]
* [[Law Commission of India]]
* [[Constitution of India]]

==References==
{{portal|India|Flag of India.svg}}
*[http://lawmin.nic.in Ministry of Law and Justice Official website of the Ministry of Law and Justice]
*[http://goidirectory.nic.in Directory of official Government websites in India]
*[http://www.india.gov.in Government of India Portal]


===Department of Legal Affairs===
The Dept. of Legal affairs renders advice to various ministries on legal matters and attends to litigation on behalf of the Government of India in the Courts. The dept. also looks in to matters regarding the treaties with foreign government in matters of civil laws. It further concerns itself with the appointment of Law Officers of the Union of India, namely Attorney General, Solicitor General and Additional Solicitors General.
This Department administers the:
*Advocates Act, 1961,
*Notaries Act,1952 and
*Legal Services Authorities Act,1987.
Department of Legal Affairs is also administratively in charge of
*Income Tax Appellate Tribunal (ITAT), ITAT is the second level appellate body looking into the litigation and disputes in tax matters arising from the assessments finalised by the departmental officers which are adjudicated first by the Commissioner of Income Tax (Appeals), being the first level appellate authority.If for any reason either the tax payer or the department is not satisfied by the decision so passed by the Commissioner of Income Tax(Appeals), then they can approach the Income Tax Appellate Tribunal.The important distinction between the two authorities is that the Commissioner of Income Tax(Appeal) is under Income Tax Department i.e.the Ministry of Finance while the Income Tax Appellate Tribunal is under Ministry of Law and Justice.
*Indian Legal Service and
*Law Commission of India.


{{Law}}
== References ==
{{Life in India}}
*[http://lawmin.nic.in Ministry of Law and Justice]
*[http://lawmin.nic.in/About.htm]


[[Category:Law]]
[[Category:Indian law]]
[[Category:Government ministries of India]]
[[Category:Government ministries of India]]


[[cs:Indické právo]]
{{India-gov-stub}}
[[es:Derecho de la India]]

Revision as of 07:23, 3 November 2008

The Ministry of Law and Justice is a Ministry of Government of India. Under the Government of India (Allocation of Business) Rules of 1961, the Ministry is vested with the responsibility of (i) administration of legal affairs, (ii) justice, and (iii) legislative affairs in India.

It is one of the oldest Ministries operating in India. Earlier, in terms of the Charter Act of 1833 enacted by the British Parliament, the Legislative power was vested in a single authority namely the Governor General of India. The Governor General enacted laws for the British India until 1920. The Government of India Act passed in 1919 vested the legislative power to the Indian Legislature constituted thereunder. Since then the Ministry of Law has been functioning as the sole repository of legal functions of the Government of India.

The Ministry is headed by a Cabinet Minister. Presently the Ministry is headed by Mr. H.R. Bhardwaj.

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 of the following departments; [1]

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

The Dept. of Legal affairs renders advice to various ministries on legal matters and attends to litigation on behalf of the Government of India in the Courts. The dept. also looks in to matters regarding the treaties with foreign government in matters of civil laws. It further concerns itself with the appointment of Law Officers of the Union of India, namely Attorney General, Solicitor General and Additional Solicitors General.

The Allocation of Business Rules identify the following functions to be carried out by this Department; [2]

  1. Advice to Ministries on legal matters including interpretation of the Constitution and the laws, conveyancing and engagement of counsel to appear on behalf of the Union of India in the High Courts and subordinate courts where the Union of India is a party.
  2. Attorney General of India, Solicitor General of India, and other Central Government law officers of the States whose services are shared by the Ministries of the Government of India.
  3. Conduct of cases in the Supreme Court and the High Courts on behalf of the Central Government and on behalf of the Governments of States participating in the Central Agency Scheme.
  4. Reciprocal arrangements with foreign countries for the service of summons in civil suits, for the execution of decrees of Civil Courts, for the enforcement of maintenance orders, and for the administration of the estates of foreigners dying in India intestate.
  5. Authorization of officers to execute contracts and assurances and of property on behalf of the President under Article 299(1) of the Constitution, and authorization of officers to sign and verify plaints or written statements in suits by or against the Central Government.
  6. Indian Legal Service.
  7. Treaties and agreements with foreign countries in matters of civil law.
  8. Law Commission of India
  9. Legal Profession including the Advocates Act, 1961 (25 of 1961) and persons entitled to practice before High Courts.
  10. Enlargement of the jurisdiction of Supreme Court and the conferring thereon of further powers; persons entitled to practice before the Supreme Court; references to the Supreme Court under Article 143 of the Constitution of India.
  11. Administration of the Notaries Act, 1952 (53 of 1952).
  12. Income-tax Appellate Tribunal.
  13. Appellate Tribunal for Foreign Exchange.
  14. Legal aid to the poor.

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; [3]

  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; [4]

  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 traveling 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.

See also

References