Becoming A Law Minister: A Step-By-Step Guide

The Ministry of Law and Justice in India is a cabinet ministry that deals with the management of legal affairs, legislative activities, and the administration of justice. The ministry is headed by the Cabinet Minister of Law and Justice, who is appointed by the President of India on the recommendation of the Prime Minister. The ministry comprises three departments: the Legislative Department, the Department of Legal Affairs, and the Department of Justice. The Department of Legal Affairs advises various central government ministries, while the Legislative Department is responsible for drafting principal legislation. The Department of Justice handles the administrative functions related to the appointment of judges and the maintenance of their service conditions.

Management of legal affairs

The Ministry of Law and Justice in India is responsible for managing the country's legal affairs, legislative activities, and administration of justice. This ministry is led by the Cabinet Minister of Law and Justice, who is appointed by the President of India on the Prime Minister's recommendation.

The Department of Legal Affairs, one of three departments within the Ministry, has two primary responsibilities: advice and litigation. This department advises various ministries of the Central Government on legal matters, including interpreting the Constitution and laws, conveyancing, and engaging counsel to represent the Union of India in courts when required.

The department also handles litigation, conducting cases in the Supreme Court and High Courts on behalf of the Central Government and participating State Governments. It also manages reciprocal arrangements with foreign countries for serving summons, executing civil suit decrees, enforcing maintenance orders, and administering the estates of foreigners who die in India without a will.

Additionally, the Department of Legal Affairs authorises officers to execute contracts and assurances and manage properties on behalf of the President under Article 299(1) of the Constitution. It also deals with treaties and agreements with foreign countries regarding civil law and the legal profession, including the Advocates Act, 1961.

The efficient management of legal affairs by the Ministry of Law and Justice ensures the smooth administration of justice and the effective functioning of the Indian legal system.

Legislative activities

The Ministry of Law and Justice in India is a cabinet ministry that deals with the management of legal affairs, legislative activities, and the administration of justice. The ministry is structured into three departments: the Legislative Department, the Department of Legal Affairs, and the Department of Justice.

The Legislative Department is primarily responsible for drafting principal legislation for the Central Government. This includes Bills introduced in Parliament, Ordinances promulgated by the President, and Regulations made by the President for Union territories. Additionally, they deal with election laws, such as the Representation of the People Acts of 1950 and 1951. The department also handles certain matters related to List III of the Seventh Schedule to the Constitution, including personal law and contracts. Ensuring the publication and maintenance of up-to-date statutes enacted by Parliament is also the responsibility of this department.

The Legislative Department has several allocated functions, including:

• Drafting of Bills, including the work of Draftsmen in Select Committees.
• Drafting and promulgation of Ordinances and Regulations.
• Enactment of State Acts as President's Acts when necessary.
• Scrutiny of Statutory Rules and Orders (with some exceptions).
• Constitution Orders and notifications for bringing into force Constitution (Amendment) Acts.
• Publication of Central Acts, Ordinances, Regulations, and their authorised translations in Hindi.
• Compilation and publication of unrepealed Central Acts, Ordinances, Regulations, and general statutory Rules and Orders.
• Elections to Parliament, State Legislatures, and the Offices of the President and Vice-President.
• Preparation and publication of standard legal terminology for use in official languages.
• Ensuring the translation of Central Acts, Ordinances, and Regulations into official state languages, and vice versa for State Acts and Ordinances.
• Publication of law books and law journals in Hindi.

Administration of justice

The Minister of Law and Justice is the head of the Ministry of Law and Justice and one of the cabinet ministers of the Government of India. The Ministry of Law and Justice is one of the oldest ministries of the Government of India.

The Department of Justice is a part of the Ministry of Law and Justice and is responsible for the appointment, resignation, and removal of the Chief Justice of India, Judges of the Supreme Court of India, Chief Justices and Judges of the High Courts, and their service matters.

The Department of Justice also implements important schemes such as the development of infrastructure facilities for the judiciary, the setting up of special courts for speedy trials and disposal of cases of a sensitive nature, the E-court Project on computerization of various courts across the country, legal aid to the poor and access to justice, and financial assistance to the National Judicial Academy for providing training to judicial officers.

The Department of Justice is headed by the Secretary to the Government of India and has an organizational setup that includes Joint Secretaries, Directors/Deputy Secretaries, and Under Secretaries.

The current Minister of Law and Justice is Arjun Ram Meghwal, who replaced Kiren Rijiju in May 2023.

Drafting of principal legislation

The process of becoming a law minister involves a range of responsibilities, including the drafting of principal legislation. This is a complex task that falls under the purview of the Legislative Department within the Ministry of Law and Justice. The following is a detailed guide to understanding the drafting of principal legislation:

Understanding Principal Legislation

Principal legislation, also known as primary legislation, is one of the two forms of law created by the legislative branch in representative democracies. It consists of statutes or acts that outline broad principles and rules while delegating specific authority to the executive branch for more detailed law-making. This delegation of authority is a key feature of primary legislation, allowing for the creation of more specific laws that align with the overarching principles set out in the principal act.

Role of the Legislative Department

The Legislative Department within the Ministry of Law and Justice is tasked with drafting all principal legislation for the Central Government. This includes Bills introduced in Parliament, Ordinances promulgated by the President, and Regulations made by the President for Union territories. The department ensures that the legislation drafted aligns with the broad principles while also addressing specific areas that require more detailed legal frameworks.

Specific Responsibilities

The Legislative Department's responsibilities extend beyond drafting Bills. They are also responsible for the following:

• Drafting and promulgating Ordinances and Regulations
• Enactment of State Acts as President's Acts when necessary
• Scrutiny of Statutory Rules and Orders
• Publication of Central Acts, Ordinances, and Regulations in authorised translations
• Compilation and publication of unrepealed Central Acts, Ordinances, Regulations, and other statutory rules
• Addressing election laws, such as the Representation of the People Act
• Preparation and publication of standard legal terminology for official languages
• Making arrangements for the translation of Central Acts, Ordinances, and Regulations into official languages of States
• Publication of law books and journals in Hindi

Legislative Process

The legislative process involves multiple steps, including the drafting stage, which is a critical aspect of the process. Once a Bill is drafted, it is introduced in Parliament, where it undergoes debate, scrutiny, and potential amendments before being passed into law. This process ensures that the legislation is thoroughly reviewed and reflects the needs and interests of the people.

Advising the Ministries of the Central Government

The Department of Legal Affairs is responsible for advising the various Ministries of the Central Government of India. The Department of Legal Affairs has two main duties: advice and litigation.

The specific functions allocated to the Department of Legal Affairs include:

• Advising Ministries on legal matters, including interpreting the Constitution and laws.
• Conveyancing and engaging counsel to represent the Union of India in High Courts and subordinate courts where the Union of India is a party.
• Conducting cases in the Supreme Court and High Courts on behalf of the Central Government and State Governments participating in the Central Agency Scheme.
• Reciprocal arrangements with foreign countries for the service of summons in civil suits, the execution of decrees of Civil Courts, the enforcement of maintenance orders, and the administration of the estates of foreigners who die in India intestate.
• Authorizing officers to execute contracts and assurances and property on behalf of the President under Article 299(1) of the Constitution.
• Authorizing officers to sign and verify plaints or written statements in suits involving the Central Government.
• Matters relating to the Indian Legal Service.
• Treaties and agreements with foreign countries in matters of civil law.
• The Legal Profession, including the Advocates Act, 1961, and persons entitled to practice before High Courts.
• Enlargement of the jurisdiction of the Supreme Court and the conferring 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.
• Income-tax Appellate Tribunal.
• Appellate Tribunal for Foreign Exchange.
• Legal aid to the poor.

The Department of Legal Affairs plays a crucial role in providing legal advice and support to the various Ministries of the Central Government, ensuring the smooth functioning and effective administration of justice in India.

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