Introduction

The Ministry of Law and Justice in India is a cabinet ministry in the Government of India which deals with the management of the legal affairs, legislative activities and administration of justice in India through its three departments namely the Department of Legal Affairs, the Legislative Department and Department of Justice. The Department of Legal Affairs is concerned with advising the various Ministries of the Central Government while the Legislative Department is concerned with drafting of the principal legislation for the Central Government. The President of India appoints the cabinet rank minister who heads the ministry on the recommendation of the Prime Minister of India. Dr. B. R. Ambedkar was the first Law and Justice minister of independent India, who served in the Prime Minister Jawaharlal Nehru’s cabinet during 1947–51. Ravi Shankar Prasad was the Minister of Law and Justice until the cabinet reshuffle in 2021 and was replaced by Kiren Rijiju. 

The departments in the Ministry are as follows

• Department of Legal Affairs
• Legislative Department
• Department of Justice.

Department of Legal Affairs

The two main duties of the department of legal affairs are advice and litigation.

FUNCTIONS OF THE DEPARTMENT OF LEGAL AFFAIRS

• 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.
• Indian Legal Service.
• Treaties and agreements with foreign countries in matters of civil law.
• Law Commission.
• 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.

FUNCTIONS OF THE SECTIONS IN THE LEGISLATIVE DEPARTMENT 

• Administration I Section – All Establishment matters in respect of staff and officers of the Legislative Department and Official Languages Wing.Establishment matter in respect of Group ‘A’ Officers in the Election Commission.Establishment matters in respect of officers and members of the staff of the Election Departments of the Administration of Union Territories.
• Administration II Section – establishment matters of Group ‘D’ staff CGHS and Medical Attendance Rules Reimbursement of medical expenses. Allotment of office and residential accommodation. Security arrangements and identity cards.
• Budget & Accounts and Integrated Finance Section – Budget Estimates, Revised Estimates and Final Estimates of expenditures Demands for Grant, Annual Reports Co-ordination in respect of Appropriation Accounts for grants Statutory audit and Internal audit and inspection of accounts. Scrutiny all proposals for Creation of new posts and continuance of existing posts. Delegation of powers
• Cash Section – Payment of salary and Grant of advance, etc.
• Correction Section – Uptodate Codes and Supplements containing Acts, Ordinances and Regulations of all the States and Union Territories. Marking and scrutiny of all the Gazette rules, orders and notifications.
• GSRO Section- Compilation of General Statutory Rules and Orders made under Acts in the India Code.
• Legislative I Section – Examination of Legislative proposals for drafting – Bill, Ordinances, etc.Examination of proposals for legislation with regard to the requirement of recommendations of the President under articles 110, 117(1), 117(3), etc.Constitution Amendment Bill
• Leg. II & Parliament Section – Elections to Parliament – General Elections, Bye Elections, Lok Sabha/ Rajya Sabha, Presidential / Vice – Presidential Elections.Election Law and Rules Private Member’s Bills Examination of references from President Sectt. relating to disqualification of MPs and MLAs and putting up draft orders for consideration of the President.
• Legislative III Section – Matters relating to entries 5, 6, 7, 8, 9, 10, 11, 12, 13 and 28 in the concurrent list of the Seventh Schedule to the Constitution of India including personal laws. Office of Profit.
• Printing Section – Editing of manuscripts of Central Bills
• Publication Section – Publications – revised edition to India Code; Constitution of India, Manual of Election Law, etc.

FUNCTIONS OF THE DEPARTMENTS OF JUSTICE

• Appointment, resignation and removal of the Chief Justice of India, Judges of the Supreme Court of India and High courts; their salaries, rights in respect of leave of absence, pensions and travelling allowances.
• Constitution and organization (excluding jurisdiction and powers) of the Supreme Court (but including contempt of such Court) and the fees taken therein.
• Constitution and organization of the High courts and the courts of Judicial Commissioners except provisions as to officers and servants of these courts.
• Constitution and organization of courts in the Union Territories and fees taken in such courts.
• Administration of funds approved under Finance Commission awards.
• Collection of data on institution, disposal, pendency of cases in courts and monitoring the status of under trial prisoners.
• Initiate policy measures for judicial reforms.
• Setting up and operationalisation of National Mission for Justice delivery and Legal reforms.
• Creation of All India Judicial Service (AIJS).
• Implementation of various schemes to facilitate development and modernization of infrastructure for the judiciary.
• Strengthening Department of Justice – e-office, statistical wing, revamp official website, training and augmentation of human resources

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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