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 the 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 Cabinet Minister of Law and Justice Arjun Ram Meghwal 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 Dr. B. R. Ambedkar, who served in the Prime Minister Jawaharlal Nehru's cabinet during 1947–51.
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 Parliament of India.
Organisation
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 Legislative Department Department of Justice.
Department of Legal Affairs
The Department of Legal Affairs has two main duties: advice and litigation. Specifically, the following functions are allocated to the Department: 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. 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.
The Department's Main Secretariat is in New Delhi. It also maintains Branch Secretariats in the cities of Mumbai, Kolkata, Chennai and Bengaluru.