Know your Ministry - No. 37 - Law & Justice Legislative Department

During 1869, it was felt that so important duty ought to be entrusted to a distinct department and thus a separate department known as the Legislative Department was constituted. After the constitution of the Legislative Department, proposals for legislations were initiated by the concerned Department dealing with the subject matter and thereafter the Legislative Department used to take charge of the Bill. The Secretary to the Legislative Department was also Secretary to the Council of the Viceroy for the purpose of making laws. He and the Law Member drafted all the Bills which were placed before the Council. Due to the labours of the Law Commission many important Acts were enacted during the latter part of the Nineteenth Century.

VISION MISSION & OBJECTIVES

The Department has established a Vision to achieve excellence in legislative matters for accomplishing the objectives set out in the Constitution of India and to transform the Legislative Department into the model drafting office of the Union. Its Principal Mission is to:
Ensure consistency and uniformity in drafting with brevity, clarity and precision, Government Bills, Ordinances and Subordinate Legislation sponsored by various Central Ministries and Departments.
Capacity building for efficient and timely drafting, scrutiny and vetting of Principal and Subordinate Legislation.
Restructure the Institute of Legislative Drafting and Research to impart training in legislative drafting in English and Hindi by making it an institution of national importance.
Establish Real time dissemination of information of Principal Legislation for the benefit of the common man.

OBJECTIVES OF THE LEGISLATIVE DEPATMENT

Disposing of legislative proposals in time
Implementation of the Law Commission Reports relating to Legislative Department.
Improving the legislative drafting skills of the officers of the Union and the States.
Disseminating information relating to Principal Legislation.
Enhancing the use of information technology in the functioning of the Department.
Facilitating timely conduct of free and fair elections to Parliament and to State Legislatures

FUNCTIONS of the legislative department

The Legislative Department is mainly concerned with drafting of all principal legislation for the Central Government viz, 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. Department is concerned with election Laws alaongwith with task of dealing with certain matters relating to List III of the Seventh Schedule to the Constitution like personal law, contracts evidence etc besides the responsibility of maintaining up to date statutes enacted by Parliament from time to time.

DOCUMENTS AVAILABLE IN PUBLIC DOMAIN

Pre Legislative Consultative Policy, Legislative References, List of Central Acts (Alphabetical /Chronological), Report on Two Member Committee on Repeal of Obsolete Laws, Repeal of Redundant & Obsolete Laws, Election related Matters, Manual on Election Law and Annual Report, India Code (Containing Bare Acts of all Enactments), Preamble & Constitution of India(Official updated version) and information related to Institute of Legislative Drafting & Research(ILDR) and Legal Glossary exclusively in Hindi, eBook articulating policies and programmes of the Government,

TASKS ON PRIORITY BEFORE THE LEGISLATIVE DEPARTMENT

To Revisit and Review the principle objectives of the Department and explore suitable legal avenues to achieve the prescribed Real time dissemination of information of Principal Legislation for the benefit of the common man.
To judiciously take up and dispose all the legislative proposals in time for effective Implementation of the Law Commission Reports.
To optimize Information Technological resources and its capability for efficient and transparent functioning of the Department.
To ensure that no constituency (be it MLA or MP) remains vacant for more than one month on account of death and disqualification of members by facilitating timely conduct of free and fair elections to Parliament and to State Legislatures.
To address all the legal impediments and loopholes in the existing laws in order to speed up Justice Dispensation System.
To update and publish the status of the following Law Commission Reports related to Legislative Department in the public domain:

S. NO	LAW COMMISSION REPORT NO		LAW COMMSION – REPORT NO- TITLE	YEAR
1	1st	1	I-1-Liability of the State in Torts.	1956
2	1st	3	Limitation Act, 1908	1956
3	1st	5	British Statutes applicable to India.	1957
4	1st	8	Sale of Goods Act, 1930	1958
5	1st	9	Specific Relief Act, 1877	1958
6	1st	13	Contract Act, 1872	1958
7	2nd	15	Law relating to Marriage and Divorce amongst Christians in India.	1960
8	2nd	16	Official Trustees Act, 1913.	1960
9	2nd	17	Report on Trusts Act, 1882.	1961
10	2nd	18	Converts’ Marriage Dissolution Act, 1866.	1961
11	2nd	19	The Administrator-General's Act, 1913.	1961
12	2nd	22	Christian Marriage and Matrimonial Causes Bill,1961	1961
13	3rd	23	Law of Foreign Languages	1962
14	3rd	26	Insolvency Laws	1964
15	3rd	27	The Code of Civil Procedure, 1908.	1964
16	3rd	28	The Indian Oaths Act, 1873.	1964
17	4th	31	Section 30(2) of the Indian Registration Act, 1908-Extension to Delhi.	1967
18	4th	34	Indian Registration Act, 1908.	1967
19	5th	44	The Appellate jurisdiction of the Supreme Court in Civil Matters.	1971
20	6th	46	The Constitution (Twenty-fifth Amendment) Bill,1971.	1971
21	6th	54	The Code of Civil Procedure, 1908.	1973
22	6th	55	Rate of interest after decree and interest on costs under sections 34 and 35, of the Code of Civil Procedure, 1908.	1973
23	6th	57	Benami Transactions.	1973
24	6th	59	Hindu Marriage Act, 1955 and Special Marriage Act, 1954.	1974
25	6th	60	The General Clauses Act, 1897.	1974
26	7th	65	Recognition of Foreign Divorces	1976
27	7th	66	Married Women's Property Act, 1874.	1976
28	7th	67	The Indian Stamp Act, 1899.	1977
29	7th	68	The Powers of Attorney Act, 1882	1977
30	7th	69	The Indian Evidence Act, 1872.	1977
31	7th	70	The Transfer of Property Act, 1882.	1977
32	8th	71	The Hindu Marriage Act, 1955- Irretrievable breakdown of marriage as a ground of divorce.	1978
33	8th	74	Proposal to amend the Indian Evidence Act, 1872 so as to render Admissible certain statements made By witnesses before Commission of Inquiry and other statutory authorities.	1978
34	8th	76	Arbitration Act, 1940.	1978
35	9th	81	Hindu Widows Re-marriage Act, 1856.	1979
36	9th	83	The Guardians and Wards Act, 1890 and certain provisions of the Hindu Minority and Guardianship Act, 1956.	1980
37	9th	86	The Partition Act, 1893.	1980
38	10th	88	Governmental Privilege in Evidence: Sections 123-124 and 162, Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution.	1983
39	10th	89	The Limitation Act, 1963.	1983
40	10th	90	The Grounds of Divorce amongst Christians in India: section 10, of the Indian Divorce Act, 1869.	1983
41	10th	91	Dowry deaths and law reform: Amending the Hindu Marriage Act, 1955, the Indian Penal Code, 1860 and the Indian Evidence Act, 1872.	1983
42	10th	94	Evidence obtained illegally or improperly: proposed section 166A, Indian Evidence Act, 1872.	1983
43	10th	96	Repeal of certain obsolete Central Acts.	1984
44	10th	97	Section 28, Indian Contract Act, 1872: prescriptive clauses in contracts.	1984
45	10th	98	Sections 24 to 26, Hindu Marriage Act, 1955: Orders for interim maintenance and orders for the maintenance of children in matrimonial proceedings.	1984
46	10th	100	Litigation by and against the Government: some recommendations for reform.	1984
47	10th	103	Unfair Terms in Contract.	1984
48	10th	108	Promissory Estoppel.	1984
49	10th	110	The Indian Succession Act, 1925.	1985
50	10th	111	The Fatal Accidents Act, 1855.	1985
51	11th	124	The High Court Arrears- A Fresh Look.	1988
52	11th	130	Benami Transactions: A Continuum.	1988
53	12th	133	Removal of Discrimination against Women in matters relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare Principle.	1989
54	12th	136	Conflicts in High Court Decisions on Central Laws- How to foreclose and how to resolve.	1990
55	12th	139	Urgent need to amend Order XXI, Rule 92(2), Code of Civil Procedure to remove an anomaly which nullifies the benevolent intention of the legislature and occasions injustice to judgement-debtors sought to be benefited.	1991
56	12th	140	Need to amend Order V, Rule 19A of the Code of Civil Procedure, 1908, relating to service of summons by registered post with a view to foreclose likely injustice.	1991
57	13th	144	Conflicting Judicial decisions pertaining to the Code of Civil Procedure, 1908.	1992
58	13th	147	The Specific Relief Act, 1963.	1993
59	13th	148	Repeal of Certain pre-1947 Central Acts.	1993
60	13th	150	Suggesting some Amendments to the Code of Civil Procedure	1994
61	13th	152	Custodial Crimes.	1994
62	13th	153	Inter-Country Adoption.	1994
63	15th	157	Section 52:Transfer of Property Act, 1882 and its Amendment.	1998
64	15th	163	The Code of Civil Procedure (Amendment) Bill, 1997	1998
65	15th	164	The Indian Divorce Act, 1869	1998
66	15th	168	The Hire-Purchase Act, 1972	1999
67	15th	170	Reform of the Electoral Laws	1999
68	15th	172	Review of Rape Laws	2000
69	15th	174	Property Rights of Women: Proposed Reforms Under the Hindu Law	2000
70	16th	176	The Arbitration and conciliation (Amendment) Bill, 2002	2001
71	16th	178	Recommendations for amending various enactments, both civil and criminal	2001
72	16th	181	Amendment to Section 106 of the Transfer of Property Act, 1882	2002
73	16th	183	A Continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes.	2002
74	16th	185	Review of the Indian Evidence Act, 1872.	2003
75	17th	192	Prevention of vexatious Litigation.	2005
76	17th	193	Transnational Litigation, Conflict of Laws, Law of Limitation.	2005
77	17th	194	Verification of Stamp Duties and Registration of Arbitral Awards.	2005
78	17th	198	Witness Identity Protection and Witness Protection Programmes	2006
79	17th	199	Unfair (Procedural and Substancive) Terms in Contracts	2006
80	18th	204	Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005.	2008
81	18th	205	Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other allied Laws.	2008
82	18th	207	Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving herself acquired property with no heirs.	2008
83	18th	208	Proposal for amendment of Explanation to Section 6 of the Hindu Succession Act, 1956 to include oral partition and family arrangement in the definition of "partition"	2008
84	18th	209	Proposal for omission of Section 213 from the Indian Succession Act, 1925	2008
85	18th	211	Laws on Registration of Marriage and Divorce –A Proposal for Consolidation and Reform.	2008
86	18th	212	Laws of Civil Marriages in India – A Proposal to Resolve Certain Conflicts	2008
87	18th	217	Irretrievable Breakdown of Marriage - Another Ground for Divorce.	2009
88	18th	218	Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction (1980).	2009
89	18th	219	Need for Family Law Legislations for Non-resident Indians.	2009
90	18th	221	Need for Speedy Justice – Some Suggestions.	2009
91	18th	222	Need for Justice–dispensation through ADR etc.	2009
92	18th	223	Need for Ameliorating the lot of the Have-nots - Supreme Court’s Judgments.	2009
93	18th	224	Amendment of Section 2 of the Divorce Act 1869 Enabling Non-domiciled Estranged Christian Wives to seek Divorce.	2009
94	18th	226	The Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a Law for Compensation for Victims of Crime.	2009
95	18th	227	Preventing Bigamy via Conversion to Islam - A Proposal for giving Statutory Effect to Supreme Court Rulings	2009
96	18th	228	Need For Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties to a Surrogacy	2009
97	19th	235	Conversion/reconversion to another religion - mode of proof	2010
98	19th	238	Amendment of Section 89 of the Code of Civil Procedure, 1908 and Allied provisions	2011
99	19th	240	Costs in Civil Litigation	2012
100	19th	242	Prevention of Interference with the freedom of Matrimonial Alliances 2012 (in the name of Honour and Tradition ) : A suggested legal framework	2012
101	20th	246	Amendments to the Arbitration and Conciliation Act, 1996	2014
102	20th	247	Sections 41 to 48 of the Indian Succession Act,1925 – Proposed Reforms	2014
103	20th	248	Obsolete Laws: Warranting Immediate Repeal (Interim Report)	2014
104	20th	249	Obsolete Laws: Warranting Immediate Repeal (Second Interim Report)	2014
105	20th	250	Obsolete Laws: Warranting Immediate Repeal (Third Interim Report)	2014
106	20th	251	Obsolete Laws: Warranting Immediate Repeal (Fourth Interim Report)	2015
107	20th	252	Right of the Hindu Wife to Maintenance: A relook at Section 18 of the Hindu Adoptions and Maintenance Act, 1956	2015
108	20th	255	Electoral Reforms	2015
109	20th	257	Reforms in Guardianship and Custody Laws in India	2015
110	21st	270	Compulsory Registration of Marriages	2017

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