LAW MINISTRY AND MINISTER OF INDIA
By Latest Laws September 27, 2019
The Ministry of Law and Justice in the Government of India is a cabinet ministry which deals with the management of the legal affairs, legislative activities and administration of justice in India through its three departments namely the Legislative Department and the Department of Legal Affairs and Department of Justice respectively.
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 principal legislation for the Central Government.
The ministry is headed by a cabinet rank minister appointed by the President of India on the recommendation of the Prime Minister of India.
The first Law and Justice minister of independent India was B. R. Ambedkar, who served in Prime Minister Jawaharlal Nehru's cabinet during 1947–52.
Ravi Shankar Prasad is the current minister for law and justice in India.
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:
Department of Legal Affairs,
Department of Justice
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.
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;
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.
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.
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 travelling 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.
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