Know your Ministry - No. 38 - Law & Justice Department of justice

Department of Justice is a part of Ministry of Law & Justice as per the Allocation of Business Rules of Government of India. The functions of the Department of Justice include 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. In addition, The Department implements important schemes for Infrastructure Development of Subordinate Judiciary, the E-court Project on computerization of various courts across the country, Legal Aid to Poor and Access to Justice.

ALLOCATION OF BUSINESS RULES 1961 – Department of Justice is entrusted with the tasks of:

• 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.
• 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.
• Appointment of Judicial Commissioners and Judicial officers in Union Territories.
• Constitution and organisation (excluding jurisdiction and powers) of the Supreme Court (but including contempt of such Court) and the fees taken therein.
• Constitution and organisation of the High Courts and the Courts of Judicial Commissioners except provisions as to officers and servants of these courts.
• Administration of justice and constitution and organisation of courts in the Union Territories and fees taken in such courts.
• Court fees and Stamp duties in the Union Territories.
• Creation of All India Judicial Service.
• Conditions of service of District Judges and other Members of Higher Judicial Service of Union Territories.
• 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.
• Legal aid to the Poor, Administration of Justice and Access to Justice, Justice Delivery and Legal Reforms.
• Administration of funds approved under Finance Commission awards.
• Collection of data on institution, disposal, pendency of cases in courts and monitoring the status of under trial prisoners.
• Initiate policy measures for judicial reforms.
• Setting up and operationalisation of National Mission for Justice delivery and Legal reforms.
• Implementation of various schemes to facilitate development and modernization of infrastructure for judiciary.
• Strengthening Department of Justice – e-office, statistical wing, revamp official website, training and augmentation of human resources.

ACTS & RULES (GENERAL): Constitution of India, The Constitution (Ninety-Ninth Amendment) Act, 2014, Constitution of India (as on 1st April, 2019), The Constitution (One Hundred and Third Amendment) Act, 2019, The Constitution (One Hundred and Fourth Amendment) Act, 2019, The Contempt of Courts Act, 1971, The Court Fees Act, 1870, Judicial Officers Protection Act, 1850, (The) Judges (Protection) Act, 1985, The Judges Inquiry Act, 1968, The Delhi High Court Act, 1966, Judges Inquiry Rule – 1969, The Gram Nyayalayas Act, 2008, The National Judicial Appointments Commission Act, 2014, The State Emblem of India (Regulation of Use) Amendment Rules, 2010, Law Commission Reports, Judges Handbook, National Judicial Appointments Commission (NJAC).

PERSONNEL ADMINISTRATION TASKS RELATED APPOINTMENT OF JUDGES

Memorandum of procedure of appointment of Supreme Court Judges, Memorandum of procedure of appointment of High Court Judges, List of Supreme Court Judges, List of High Court Judges, List of Chief Justice of the High Court, Compensatory Allowance to Judges of High Courts, Vacancy Positions, Latest Orders of Appointment, Transfer etc, Judges Handbook –Provisional and Judges Handbook as on 01.05.2017

SALARIES-SERVICES CONDITIONS OF JUDGES: The Act and Rules governing the service conditions of High Court Judges (As modified upto 5th April, 2016)., The Act and Rules governing the service conditions of Supreme Court Judges (As modified upto 5th April,2016), The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, The Supreme Court judges (salaries and conditions of service) act, 1958, The High Court judges (salaries and conditions of service) Act, 1954, The High Court Judges (Travelling Allowance) Amendment Rules, 2011 and the Supreme Court Judges(Travelling Allowance) Amendment Rules, 2011., Further clarification in continuation of letter dated 5th July,2012 regarding TA/DA to Judges, The High Court Judges (Travelling Allowance) Amendment Rules, 2011 and the High Court Judges (Travelling Allowance) Amendment Rules, 2011, the supreme court judges (travelling allowance) rules 1959 (as on 10.05.2019), the high court judges travelling allowance rules,1956 as on 10.05.2019, The Family Courts Act, 1984, The Family Courts Amendment Act, 1991

National Mission for Justice Delivery & Legal Reforms: Vision, Advisory Council, Judicial Infrastructure, Manpower, Judicial Reforms

Ease of Doing Business: Court Management through JustIS Mobile App, Brief Note on World Bank Report on Doing Business-2018: Enforcing Contracts. Indicator-wise Status of Reforms, Force, Minutes, Minutes of meeting held with respondents to World Bank report on Ease of Doing Business, Reforms Update on Enforcing Contracts Parameter of the World Banks Doing Business Report.

Government Litigation: Action Plan to reduce Government Litigation,

Installation of CCTV Cameras in Subordinate Courts, Installation of CCTV Cameras in Subordinate Courts under Jurisdiction of Punjab & Haryana High Court.in compliance of Supreme Court Order - Technical specifications for installation of CCTV cameras in Court Complexes.

Online Reporting of Vacancy Position and Judicial Infrastructure,

 e-Courts- eCourts Mission Mode Project, eCourts Phase I, eCourts Phase II, National Judicial Data Grid, WAN Monitoring System and  Publicity Materials.

REPORTS & DOCUMENTS

Annual Report, Law Commission Reports, State Litigation Policy, Circulars on Service Condition of Judges, Thirteenth Finance Commission Grants, Thirteenth Finance Commission Guidelines, Report of the Task Force on Judicial Impact Assessment, Orders regarding increase in DA and DR, Office Orders, Fourteenth Finance Commission Grants, Guidelines of Grievances.

Other Programmes: Family Courts, NALSA, Fast track courts, NJA, Bhopal, Centrally Sponsored Scheme for Development of infrastructure Facilities for the Judiciary, Gram Nyayalayas, Scheme for Action Research and Studies on Judicial Reforms, CMCJ Conference, Policy for Internship in the Department of Justice and Procedure and Guidelines for Engagement of Consultants

Access to Justice: Tele Law Scheme, Scheme Pamphlets, Video tutorial for Mobile App, Voices of the Beneficiaries, Nyaya Bandhu (Pro Bono) App, Nyaya Bandhu (Pro Bono) Mobile App, Message for Pro Bono Lawyers, Nyaya Mitra Scheme, Access to justice for the marginalized, Access to Justice for Marginalized People: GoI-UNDP Project, Access to Justice- GOI-NE&JK Project, Towards Victim Friendly Responses and Procedures for Prosecuting Rape.

Citizens Duties Awareness Program (CDAP), About Constitution, Constitution Day 2019 Celebrations, Fundamental Duties, Year-long activities, Action Points for Central Ministries and Departments, Action Points for State & UTs, Letter to Chief Secretaries, Preamble, IEC materials, Law Schools Collaboration, Presentation for school children (English), Presentation for school children (Hindi), Participation Modalities for Law Schools, Resource Persons List and CDAP Films.

STATUS OF LAW COMMISSION REPORTS RELATED TO DEPARTMENT OF JUSTICE

Department of Justice should constitute a Independent High Power Committee and evaluate and assess the recommendations of these Law Commission reports and submit a report to the Parliament Affairs Ministry to take up extensive debate and discussions on every item in the Lower House besides inviting public opinion and suggestions for taking up legislation in the interest of Justice.

WAY FORWARD: It is evident at large that an element of Conflict of Interest in terms of Judicial Autonomy and Executive Authority when most of the personnel administrative functions right from appointment to passing of Travelling Allowances bills of the Judges is placed at the mercy of Government machinery. Hence, a Law Commission should be constituted to study and critically evaluate the status quo position and take up for delinking these vested executive powers to envisage a Constitutionally appointed Judicial Commission of India to look into all the administrative functions of the Judicial officers.