Ministry of Law and Justice (India)

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search

Ministry of Law and Justice
Emblem of India.svg
Agency overview
Formed1833; 188 years ago (1833)[1]
JurisdictionGovernment of India
HeadquartersCabinet Secretariat
Raisina Hill, New Delhi
28°36′50″N 17°12′32″E / 28.61389°N 17.20889°E / 28.61389; 17.20889
Minister responsible
Agency executives
Child agencies
  • Department of legal affairs
  • Legislative department
  • Department of justice
Websitelawmin.gov.in

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.[1][2] The first Law and Justice minister of independent India was Dr. B. R. Ambedkar, who served in the Prime Minister Jawaharlal Nehru's cabinet during 1947–51. Ravi Shankar Prasad is the current Minister of Law and Justice.

History[edit]

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 Parliament of India.[1]

Organisation[edit]

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:[3]

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

Department of Legal Affairs[edit]

The Department of Legal Affairs has two main duties: advice and litigation.[4] Specifically, the following functions are allocated to the Department:[5]

  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.
  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.

The Department's Main Secretariat is in New Delhi. It also maintains Branch Secretariats in the cities of Mumbai, Kolkata, Chennai and Bengaluru.[4]

Legislative Department[edit]

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 the 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:[5]

  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[edit]

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:[5]

  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.
  7. Creation of all India Judicial Service.
  8. Conditions of service of District Judges and other Members of Higher Judicial Service of Union Territories.
  9. 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.
  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.
  11. 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 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 leave of creation of all India Judicial Service).

List of Law & Justice Ministers[edit]

No. Name Portrait Term of office Party Prime Minister
1 B. R. Ambedkar[6] Dr. Bhimrao Ambedkar.jpg 26 January 1950 11 October 1951 Indian National Congress Jawaharlal Nehru
2 Kailash Nath Katju 5 November 1951 13 May 1952
3 Charu Chandra Biswas[7] 13 May 1952 17 April 1957
4 Ashoke Kumar Sen[8] Ashokesen1.JPG 12 May 1957 24 January 1966
Lal Bahadur Shastri
5 Gopal Swarup Pathak 24 January 1966 13 March 1967 Indira Gandhi
6 Panampilly Govinda Menon 13 March 1967 23 May 1970
7 Kengal Hanumanthaiah 26 June 1970 18 March 1971
8 H. R. Gokhale 18 March 1971 26 March 1977
9 Shanti Bhushan[8] 26 March 1977 28 July 1979 Janata Party Morarji Desai
10 Hans Raj Khanna 30 July 1979 3 August 1979 Janata Party (Secular) Charan Singh
11 S. N. Kacker 3 August 1979 14 January 1980
12 P. Shiv Shankar[9] 14 January 1980 15 January 1982 Indian National Congress Indira Gandhi
13 Jagannath Kaushal[10] 15 January 1982 31 December 1984
Rajiv Gandhi
(4) Ashoke Kumar Sen[8] Ashokesen1.JPG 31 December 1984 31 March 1987
(12) P. Shiv Shankar[9] 25 July 1987 14 February 1988
14 Bindeshwari Dubey 14 February 1988 26 June 1988
15 B. Shankaranand[11] 25 June 1988 2 December 1989
16 Dinesh Goswami[12] 2 December 1989 10 November 1990 Asom Gana Parishad
(National Front)
V. P. Singh
17 Subramanian Swamy[13] Subramanian Swamy.JPG 21 November 1990 21 June 1991 Janata Party Chandra Shekhar
18 Kotla Vijaya Bhaskara Reddy[14] 21 June 1991 9 October 1992 Indian National Congress P. V. Narasimha Rao
19 P. V. Narasimha Rao 9 October 1992 16 May 1996
20 Ram Jethmalani Ram Jethmalani.jpg 16 May 1996 1 June 1996 Independent Atal Bihari Vajpayee
21 P Chidambaram 1 June 1996 29 June 1996 Tamil Maanila Congress
(United Front)
H. D. Dewe Gowda
22 Ramakant Khalap
(MoS, Independent Charge)[15][16]
29 June 1996 19 March 1998 Maharashtrawadi Gomantak Party
(United Front)
Inder Kumar Gujral
23 M. Thambidurai[17] 19 March 1998 8 April 1999 All India Anna Dravida Munnetra Kazhagam
(National Democratic Alliance)
Atal Bihari Vajpayee
24 P R Kumaramangalam 9 April 1999 8 June 1999 Bharatiya Janata Party
(National Democratic Alliance)
(20) Ram Jethmalani Ram Jethmalani.jpg 8 June 1999 23 July 2000 Independent
(National Democratic Alliance)
25 Arun Jaitley
(As MoS, Independent Charge
till 7 November 2000)
[18]
The official photograph of the Defence Minister, Shri Arun Jaitley (cropped).jpg 23 July 2000 1 July 2002 Bharatiya Janata Party
(National Democratic Alliance)
26 Jana Krishnamurthy[19] Jana1.JPG 1 July 2002 29 January 2003
(25) Arun Jaitley The official photograph of the Defence Minister, Shri Arun Jaitley (cropped).jpg 29 January 2003 22 May 2004
27 H. R. Bhardwaj The Union Law Minister Shri H.R. Bhardwaj briefing the Press in New Delhi on October 19, 2004.jpg 22 May 2004 22 May 2009 Indian National Congress
(United Progressive Alliance)
Manmohan Singh
28 Veerappa Moily[20] Veerappa Moily BNC.jpg 31 May 2009 19 July 2011
29 Salman Khurshid[21] Salman Khurshid portrait.jpg July 2011 28 October 2012
30 Ashwani Kumar Ashwani Kumar at the India Economic Summit 2008.jpg 28 October 2012 10 May 2013
31 Kapil Sibal[22] Kapil Sibal.jpg 11 May 2013 26 May 2014
32 Ravi Shankar Prasad Ravi Shankar Prasad At Office.jpg 26 May 2014 9 November 2014 Bharatiya Janata Party
(National Democratic Alliance)
Narendra Modi
33 D. V. Sadananda Gowda Sadananda Gowda.jpg 9 November 2014 5 July 2016
(32) Ravi Shankar Prasad Ravi Shankar Prasad At Office.jpg 5 July 2016 Incumbent

See also[edit]

References[edit]

  1. ^ a b c "Ministry of Law and Justice - About Us". Ministry of Law and Justice. Retrieved 29 May 2014.
  2. ^ "About Ministry of Law and Justice (More information)". Ministry of Law and Justice. Retrieved 29 May 2014.
  3. ^ "Government of India (Allocation of Business) Rules of 1961". Parliament of India. Retrieved 29 May 2014.
  4. ^ a b "About the Department". DEPARTMENT OF LEGAL AFFAIRS (Vidhi Karya Vibhag). Ministry of Law & Justice, Government of India. 20 November 2019. Retrieved 28 March 2020.
  5. ^ a b c "MINISTRY OF LAW AND JUSTICE (VIDHI AUR NYAYA MANTRALAYA)". Cabinet Secretariat, Government of India. Archived from the original on 25 December 2008.
  6. ^ RAJYA SABHA MEMBERS, BIOGRAPHICAL SKETCHES, 1952 - 2003: A
  7. ^ RAJYA SABHA MEMBERS, BIOGRAPHICAL SKETCHES, 1952 - 2003: B
  8. ^ a b c RAJYA SABHA MEMBERS, BIOGRAPHICAL SKETCHES, 1952 - 2003:
  9. ^ a b "Biographical Sketch, Member of Parliament, 12th Lok Sabha : SHIV SHANKER, SHRI P." Archived from the original on 3 March 2016. Retrieved 8 March 2018.
  10. ^ "8th Lok Sabha, Members Bioprofile : KAUSHAL, SHRI JAGANNATH". Archived from the original on 26 July 2014. Retrieved 8 March 2018.
  11. ^ Tenth Lok sabha Archived 2016-06-24 at the Wayback Machine;, Members Bioprofile; SHANKARANAND, SHRI B.; Lok Sabha/National Informatics Centre
  12. ^ RAJYA SABHA MEMBERS, BIOGRAPHICAL SKETCHES, 1952 - 2003: G
  13. ^ "Biographical Sketch, Member of Parliament, 12th Lok Sabha: SWAMY, DR. SUBRAMANIAN". Archived from the original on 4 March 2016. Retrieved 8 March 2018.
  14. ^ "Biographical Sketch, Member of Parliament, 12th Lok Sabha: REDDY, SHRI KOTLA VIJAYA BHASKARA". Archived from the original on 13 October 2016. Retrieved 8 March 2018.
  15. ^ Biographical Sketch, Member of Parliament, XI LOK SABHA : KHALAP, SHRI RAMAKANT D. Archived 17 October 2014 at the Wayback Machine
  16. ^ Minister of State (Independent Charge)
  17. ^ "Sixteenth Lok Sabha, Members Bioprofile : Thambidurai,Dr. Munisamy". Archived from the original on 5 June 2014. Retrieved 8 March 2018.
  18. ^ Jaitley was Minister of State (Independent Charge) for Law and Justice till 7 November 2000, then was Union Cabinet Minister
  19. ^ RAJYA SABHA MEMBERS, BIOGRAPHICAL SKETCHES, 1952 - 2003: K
  20. ^ "Sixteenth Lok Sabha, Members Bioprofile: Moily, Dr. M. Veerappa". Archived from the original on 4 March 2016. Retrieved 8 March 2018.
  21. ^ "Fifteenth Lok Sabha, Members Bioprofile: Khurshid, Shri Salman". Archived from the original on 4 March 2016. Retrieved 8 March 2018.
  22. ^ "Fifteenth Lok Sabha, Members Bioprofile: Sibal, Shri Kapil". Archived from the original on 4 March 2016. Retrieved 8 March 2018.

new act The Central Board of Direct Taxes (CBDT) is a part of the Department of Revenue in the Ministry of Finance, Government of India.[24] The CBDT provides essential inputs for policy and planning of direct taxes in India and is also responsible for administration of the direct tax laws through Income Tax Department. The CBDT is a statutory authority functioning under the Central Board of Revenue Act, 1963.It is India's official FATF unit.The Central Board of Revenue as the Department apex body charged with the administration of taxes came into existence as a result of the Central Board of Revenue Act, 1924. Initially the Board was in charge of both direct and indirect taxes. However, when the administration of taxes became too unwieldy for one Board to handle, the Board was split up into two, namely the Central Board of Direct Taxes and Central Board of Excise and Customs with effect from 1.1.1964. This bifurcation was brought about by constitution of the two Boards u/s 3 of the Central Boards of Revenue Act, 1963.

External links[edit]