The Ministry of Law and Justice is a prominent Ministry of Government of India

Government of India

The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic 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

India

India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

.

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. Recently the Ministry is headed by Mr. Salman Khurshid

Salman Khurshid

Salman Khurshid is an Indian politician belonging to the Indian National Congress, a lawyer, and a writer who has been elected from Farrukhabad Lok Sabha constituency in the General Election of 2009. He belongs to Farrukhabad. He is presently the Cabinet Minister of the Ministry of Law and Justice...

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The longest serving minister of this ministry in the history of India was Ashoke Kumar Sen

Ashoke Kumar Sen

Ashoke Kumar Sen was an Indian barrister, a former Cabinet minister of India, and an Indian parliamentarian....

 who is regarded as the patriarch of Indian law and justice.

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

Government of India

The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

. In terms of these Rules, the Ministry comprises the following departments; http://cabsec.nic.in/abr/abr19.htm

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

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 authorisation 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
   Law Commission of India
   Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform. It membership primarily comprises legal experts, who are entrusted a mandate by the Government...
   
   
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. Customs Excise and Service Tax Appellate Tribunal. (CESTAT)
13. Income-tax Appellate Tribunal.
14. Appellate Tribunal for Foreign Exchange.
15. 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; http://cabsec.nic.in/abr/abr19.htm

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; http://cabsec.nic.in/abr/abr19.htm

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 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.

Law Ministers of India

• Dr. B. R. Ambedkar (1951) 1st Law Minister of India
• Ashoke Kumar Sen
  Ashoke Kumar Sen
  Ashoke Kumar Sen was an Indian barrister, a former Cabinet minister of India, and an Indian parliamentarian....
  
   ( 1957–1969, 1985–1991 )
• Panampilly Govinda Menon
  Panampilly Govinda Menon
  Panampilly Govinda Menon was an Indian politician, freedom fighter, and lawyer. He was born at Chalakudy and started his lawyer practice there as a junior to Adv. M. C. Joseph . He was the first treasurer of Kerala Yukthivadi Sangham. He moved his practice to Ernakulam afterwards...
  
   (1969–1970)
• Chaudhary Nitiraj Singh Daulat Singh (1971–1977)
• Shanti Bhushan
  Shanti Bhushan
  Shanti Bhushan in Allahabad, United Provinces is a former Law Minister of India at Ministry of Law and Justice in the Morarji Desai Ministry and also a senior advocate...
  
   (1977–1979)
• Arun Jaitley
  Arun Jaitley
  Arun Jaitley is a prominent Indian politician and a member of the Bharatiya Janata Party , which is currently the largest Opposition party in India...
  
  
• Ram Jethmalani
  Ram Jethmalani
  Ram Jethmalani, : राम जेठ्मलानी,: رام جيٺملاڻي born 14 September 1923, in Shikharpur in Sindh, British India) is an Indian lawyer and politician. He has served in various posts such as Union Law Minister and Chairman of Bar Associations...
  
  
• Hansraj Bhardwaj
  Hansraj Bhardwaj
  Hansraj Bhardwaj is an Indian politician, currently serving as the Governor of Karnataka. He is a member of the Indian National Congress. He holds the record of having the second longest tenure in Law Ministry since independence, after Ashoke Kumar Sen...
  
   (22 May 2004 – 28 May 2009)
• Veerappa Moily
  Veerappa Moily
  Moodbidri Veerappa Moily is the current Minister of Corporate Affairs in the Indian government. Moily was elected as MP of the Chickballapur district by a wide margin in 2009. He currently serves as the All India Congress Committee General Secretary in charge of Andhra Pradesh...
  
   (2009–28 May 2011)
• Salman Khurshid
  Salman Khurshid
  Salman Khurshid is an Indian politician belonging to the Indian National Congress, a lawyer, and a writer who has been elected from Farrukhabad Lok Sabha constituency in the General Election of 2009. He belongs to Farrukhabad. He is presently the Cabinet Minister of the Ministry of Law and Justice...
  
   ( 28 May 2011-incumbent)

See also

• Council of Ministers of the Republic of India
• Government of India
  Government of India
  The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
  
  
• Law Commission of India
  Law Commission of India
  Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform. It membership primarily comprises legal experts, who are entrusted a mandate by the Government...
  
  
• Constitution of India
  Constitution of India
  The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...