Legal Affairs Dept Overview 2022-23
Legal Affairs Dept Overview 2022-23
Government of India
II. ADVICE 7
V. TRANSPARENCY 33
• Right to Information Cell 33
• Public Grievance (PG) Cell 34
• Vigilance Unit 36
• Internal Complaints Committee under the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013 38
VI. NOTARY 39
II
III
IV
VI
Figure XIX 32: Nukkad Natak performance at Shastri Bhawan, New Delhi 157
Figure XIX 33: Commonwealth Law Ministers Meeting in Balaclava, Mauritius 158
Figure XIX 34: Minister of Law & Justice Shri Kiren Rijiju with Minister of State for Law & Justice
Professor S.P. Singh Baghel and Law Secretary Dr Niten Chandra attending the
9th Meeting of the Ministers of Justice of SCO Member States 158
Figure XIX 35: Poster on International Human Rights Day 159
Figure XIX 36: Officers involved in the negotiations between India and EuropeanUnion on
Free Trade Agreement Vanijya Bhawan, New Delhi 160
Figure XIX 37: Minister of Law & Justice Shri Kiren Rijiju, in the Observation of International
Year of Millets 2023, at Dr. Ambedkar International Centre, New Delhi 160
Figure XIX - 38: A glimpse of the video posted on social media on National Girl Child Day 161
Figure XIX - 39: Poster on 74th Republic Day 162
Figure XIX - 40: Poster on International Day of Women & Girls in Science 162
Figure XIX - 41: Poster on World Day of Social Justice 163
Figure XIX - 42: Glimpse from the Orientation meeting on Simplification of Laws at
Department of Legal Affairs 164
Figure XIX - 43: Glimpse from the Conference on Sustainable Development organised by Law
Commission of India in Udaipur 164
Figure XIX - 44: Poster on National Science Day 165
Figure XIX - 45: Poster on Zero Discrimination Day 166
Figure XIX - 46: Meeting of a delegation from United Kingdom with the officers of
Department of Legal Affairs 166
Figure XIX - 47: Minister of Law & Justice Shri Kiren Rijiju addressing the attendees of 23rd
Commonwealth Law Conference 167
Figure XIX - 48: Cultural events & Rangoli Competition held on the occasion of
International Women’s Day 168
Figure XIX - 49: Har Ghar Dhyan Meditation Session held at the Department of Legal Affairs 168
Figure XIX - 50: Poster on International Day of Forests 169
Figure XIX - 51: Visit by women officers and staff of Department of Legal Affairs to Amrit Udyan170
Figure XIX 52: Legal Interns at the Department of Legal Affairs 170
Figure XIX 53: Social Media Performance 172
VII
VIII
IX
All these would not have been possible without modernisation and automation
of internal processes. More than one crore official documents were digitized,
physical file system was abandoned and replaced by forward looking system of
e-Office 7.0. All Officers were given training for use of latest technology for office
automation and to enhance their capacity for research and advisory services.
Young Professionals were engaged to assist the Department in research and
analysis of contemporary legal issues and pave the way for reforms in public
policy that would make the Government citizen-centric, technology driven and
future ready for broad-based general well-being of the citizens in the ‘Amrit Kaal’
that India is experiencing.
For the curious readers this brief note can only whet the appetite. The details
in the Annual Report will help the readers fulfill their curiosity.
VISION
To achieve excellence in legal affairs for accomplishing the goals set out in the Constitution
of India.
MISSION
To design, develop and maintain an environment for enabling individuals, organisations
and institutions in Government to meet the challenges in the fields of legal advice,
litigation, legal education and research.
OBJECTIVES
1. To bring in legal reforms to achieve the vision and mission of the Department;
FUNCTIONS
The Department has been allocated the following items as per the Government of India
(Allocation of Business) Rules, 1961:
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
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;
9. Legal profession including the Advocates Act, 1961 (25 of 1961) and persons entitled to
practice before the 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;
The Department has also been allocated administration of the following Acts:-
a) The Advocates Act, 1961
b) The Notaries Act, 1952
c) The Advocates’ Welfare Fund Act, 2001
d) The Commercial Courts Act, 2015
e) The India International Arbitration Centre Act, 2019
Additionally, the Income Tax Appellate Tribunal and the Law Commission of India fall
under the administrative purview of the Department. The Department is also in-charge
of all administrative aspects of the Indian Legal Service. This Department also handles
the appointment of the Attorney General of India, the Solicitor General of India, and the
Additional Solicitor General of India. This Department approves grant-in-aid to specific
institutions active, such as the Indian Law Institute, in order to encourage legal education
and research and to advance the legal profession.
ORGANISATIONAL SET-UP
The Main Secretariat of the Department of Legal Affairs is located in New Delhi, and
Branch Secretariats are located in Bengaluru, Chennai, Kolkata and Mumbai. The types of
responsibilities performed can be roughly divided into two categories: advice work and
litigation work. The organisation chart of the Department of Legal Affairs is as follows:-
Figure I 1
Organisational setup of the Department of Legal Affairs
•Bengaluru •Kolkata
•Chennai •Mumbai
B
SECR RANC
ETA H
RIA •Central Agency Section
•Law Commission of India
TS
OR
Tribunal
ISATIO
NS
DEPARTMENT
OF LEGAL
BOD NTEE
GRA
AFFAIRS
IES
•India International
Arbitration Center
•Arbitration Council of India
DIV
SE ISIONS
CTI
ONS •Indian Law Institute
|
ii. The work relating to the Railway Board and the Department of Telecommunications
organisations is handled by an officer at the Joint Secretary level. In addition, the
Officers of the Indian Legal Services are employed by SFIO, NTRO, CBI, the Ministry
of Defence, the Ministry of Labour and Employment, and the Ministry of Housing and
Urban Affairs.
iii. The Central Agency Section, which is currently led by the Law Secretary and supported
by Officers from the Government Advocates cadre of the ILS and other supporting
staff, handles litigation at the Supreme Court on behalf of all Ministries/Departments
of the Government of India as well as some administrations of the Union Territories.
iv. The Litigation (High Court) Section, currently led by an Additional Legal Adviser,
handles the litigation work in the High Court of Delhi and in CAT (Principal Bench) on
behalf of all Ministries/Departments of the Government of India.
vi. The Department has established a separate cell called the ‘Implementation Cell’ to
handle the implementation of the recommendations of the Law Commission of India
and the administration of the Advocates Act, 1961 and the Advocates Welfare Fund
Act, 2015. The Cell also administers the subject of ‘Legal Education’ as provided under
Entry 26 of List III to the Seventh Schedule of the Constitution of India.
OFFICES OF DEPARTMENT
OF LEGAL AFFAIRS
Delhi
Mumbai Kolkata
Bengaluru
Chennai
ii. BRANCH SECRETARIAT, CHENNAI– It has jurisdiction over the States of Tamil Nadu,
Kerala and the Union Territory of Puducherry. It is headed by an Officer of the rank of a
Deputy Legal Adviser.
iii. BRANCH SECRETARIAT, KOLKATA– It has jurisdiction over the States of West Bengal,
Nagaland, Manipur, Arunachal Pradesh, Meghalaya, Jharkhand, Tripura, Mizoram, Sikkim,
Orissa, Assam, Bihar and Andaman and Nicobar Islands. It is headed by an Officer of the
rank of an Additional Government Advocate.
iv. BRANCH SECRETARIAT, MUMBAI– It has jurisdiction over the entire Western Region
consisting of the States of Maharashtra, Madhya Pradesh, Rajasthan, Gujarat, Goa and
Union Territories of Dadra and Nagar Haveli and Daman and Diu. It is headed by an
Officer of the rank of a Senior Government Advocate.
All the Branch Secretariats perform an extended function of the Main Secretariat, such
as rendering legal opinion and handling litigation pertaining to the Central Government,
in the respective States under their jurisdiction.
II: ADVICE
1. There are three Advice Sections in the Department of Legal Affairs; namely, Advice A,
Advice B and Advice C. The Advice A and Advice B Sections facilitate the movement of
files relating to the requests for advice received from various Ministries/Departments for
legal opinion. The requests received for legal advice are placed before the concerned
group heads to whom a particular Ministry/Department has been allocated to. To make
functioning more convenient, the various Ministries/Departments of the Government of
India are distributed between Advice A and Advice B Sections:
Figure II-1:
Advice Section
ADVICE GROUP
HEADS
• Assistant Legal ADMINISTRATIVE ADVICE A, B AND C
Advisers MINISTRIES/ • Superintendent
DEPARTMENT (Legal)
•Deputy Legal
Advisers • Assistant (Legal)
•Additional Legal
Advisers
Figure II 3:
Subject-wise categories of advice
10
15
Road Transport
42
Textile Home Affairs
77
1875
At A Glance-ENG_NEW.indd 11
Husbandary and Dairying & Highways
Youth Affairs Petroleum &
13
Environment, Forest
33
Finance
76
1639
36
45
DGFT Defence
1821
68
Technology Coal
Rajya Sabha Lok Sabha
21
Cabinet
34
DoPT
294
55
Secretariat Secretariat Secretariat
Labour and
10
35
Tourism Mines Social Justice &
248
66
Empowerment Employment
417
146
285
54
& Public Distribution
Heavy
12
I&B conveyancing
213
136
46
Industries Misc.
7
32
Steel AYUSH Agriculture and Law & Justice
155
54
Family Welfare
6
26
Atomic Energy Cooperation Ports, Shipping & CPWD
331
52
Waterways
Health &
8
24
NITI Aayog Tribal Affairs
158
43
5
21
CAG MSME
160
50
Power resources
National Security
1
Figure II 4:
26
Earth Science Corporate Post
116
Council Secretariat
165
Affairs
Housing &
18
NTRO Culture Skill Development
112
173
46
10
98
7
14
84
Ministry/Department wise advice rendered
42
1
27
75
MNRE Education
38
6/14/2023 11:39:29 AM
1.2.2. 183 Cabinet Notes/ Legislative Proposals, and 2810 SLPs/Litigation matters were
received for examination/advice.
1.2.3. The Officers of this Department participated in 209 national/ international meetings
and conferences for advice work.
1.2.4. This Section also dealt with references and official communications received by the
Minister’s Office and Officers of this Department.
1.2.5. 92 Parliament Questions including assurances were processed.
1.3.2 The Section has rendered general and secretarial assistance to the Officers in the
Department of Legal Affairs and Legislative Department of the Ministry of Law and
Justice and in finding precedents on different subjects.
1.3.4 The files related to Law Officers from 1944 to 2023 and others related to advice
of the Officers of our Department from 1991 to 2019 are being digitized. 4.59
lakh pages with 8937 files were scanned, which include files relating to Attorney
General's opinions from the year 1944 to 2023 and also the opinions of the Officers
of this Department from the year 1991 to 1997.
1.3.5 Out of 8937 scanned files in Advice C, 2061 files related to Attorney General's
opinion were uploaded on e-Office portal.
1.3.6 The subject list of files from the year 1944 to 1997 regarding scrutiny of at least
25-year-old records were prepared and follow up action to send them to the
National Archive of India was taken.
12
T
he Judicial Section is responsible for the conduct of litigation of the Government
of India and Union Territories before the Supreme Court, various High Courts,
the Central Administrative Tribunals and the District Courts. Its functions include
processing the appointments of the Attorney General for India, the Solicitor General
and the Additional Solicitors General of India, Central Government Counsels in the
Supreme Court, High Courts, the Central Administrative Tribunals, the District Courts
and the Consumer Forums in various States for conducting litigation work on behalf
of the Central Government, engaging Law Officers and other Counsels on behalf of
the Ministries/Departments for conducting cases before the Supreme Court, the High
Courts, the Tribunals, the Commissions of Inquiry, the District Courts, the Quasi-Judicial
Authorities etc. Its functions also include formulation and settlement of their terms and
conditions for conducting cases. The Judicial Section is also responsible for nomination
of Arbitrators in disputes between the various Departments of the Government of India
and private parties.
Figure III 1:
Judicial Section
13
This Section deals with the work of reciprocal arrangements with foreign
countries for service of summons in civil suits, execution of decrees of Civil Courts,
enforcement of maintenance orders and administration of the estates of foreigners dying
intestate in India.
India acceded to the Hague Convention on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters and also to the Hague Convention
on Taking of Evidence Abroad in Civil and Commercial Matters in the year 2007. The
Ministry of Law and Justice is the Central Authority for both the Conventions. The Judicial
Section deals with the processing of service of summons/notices received through
Judicial Authorities from foreign countries under the said Convention to Indian nationals.
It also deals with forwarding of summons/notices originating from Judicial Authorities of
our country to the Central Authorities of foreign countries.
b) Additional Solicitors General of India for the High Court of Rajasthan and for the
Allahabad High Court were re-appointed for a further term of three years. New
Additional Solicitors General of India were appointed for the High Courts of Calcutta,
Jharkhand, Madras and for the Southern Zone (which includes Kerala, Telangana, and
Andhra Pradesh).
c) Resignation of two Additional Solicitors General of India, i.e. one for the Supreme
Court of India and other for the High Court of Calcutta was accepted.
d) Eight new Deputy Solicitors General of India were engaged afresh before various
High Courts / Benches of High Courts across the country. The terms of four Deputy
Solicitors General of India were extended for a further term of three years.
14
2. The Department has created thirteen new posts of Additional Solicitor General
of India, one each for the High Courts of Andhra Pradesh, Chattisgarh, Gauhati,
Himachal Pradesh, Jammu & Kashmir, Kerala, Madhya Pradesh, Manipur,
Meghalaya, Orissa, Sikkim, Tripura and Uttarakhand and assigned the existing
post of Additional Solicitor General of India (Southern Zone) to the High Court
of Judicature at Hyderabad for the State of Telangana.
15
Figure III 2:
Delhi High Court Litigation Section
There is one Additional Solicitor General of India (ASG) and a panel of Central
Government Standing Counsel (CGSC), Senior Counsel and Government Pleaders (GPs)
to conduct litigation on behalf of the Central Government. Close liaison is maintained
between the concerned Ministry/Department and the nominated Panel Counsels to
safeguard the interests of the Government before the High Court of Delhi.
16
Table III 2
Litigation before the High Court of Delhi
Year NO. OF CASES RECEIVED
2022 - 2023 10,939
This Section deals with the payment of professional fee pertaining to Law Officers,
CGSCs, Senior Counsels and Government Pleaders on the panel. The requisite information
regarding budgetary allocations and expenditure details for the year F.Y.2022-23 are
furnished hereunder:-
Table III-3
Budgetary Allocation and Expenditure Incurred in D (2022-23)
17
Table III-4
Cases before various District Courts as well as in the Consumer
Forums/Tribunals in Delhi
BUDGET
When cases are decided by the Courts, the Government Counsels submit fee bill in a
prescribed format. This Section received 309 fee bills from Government Counsel/Senior
Panel Counsels. During the financial year 2022-23, this Section was allocated a budget
of ₹1,30,00,000, out of which ₹49,13,885 was utilised to settle the professional fee bills.
TRIBUNALS
The Constitution (Forty-Second Amendment) Act, 1976 introduced Part XIV-A-Tribunals
to the Constitution, under which Article 323A and Article 323B were inserted. The details
of Tribunals constituted by the Parliament are as follows:
18
19
, LIMBS Version 2.0 is an upgraded version of LIMBS and was launched in the year
2020 in collaboration with NIC. It is a dashboard-based system for the user Ministries/
Departments on which they can monitor their cases at a glance. This version uses Open
, Source technologies using Coordinator framework of PHP to enhance the security and
improve the efficiency of the system.
LIMBS also captures arbitration cases right from internal processing of the dispute at
Ministry/Department level followed by nomination of arbitrators, and the proceedings.
el The Department of Legal Affairs, Cabinet Secretariat, NITI Aayog and PMO can access
details of court cases on LIMBS. Central Agency Section (CAS) of the Department of Legal
Affairs also identifies and enters the details of important cases filed by the Union of India
(UoI) before the Supreme Court. Various research bodies such as the Indian Law Institute
can also access information available on LIMBS platform for research and study purpose.
c
ce
Figure III 4:
l
Legal Information and Management Briefing System Section
ce.
l
nce
of
irs
irs
er
,
ge
20
EAC-PM (Economic Advisory Council to the Prime Minister) was also given access to
LIMBS Portal for preparation of white paper on litigation on behalf of Union of India.
To upgrade to a more automated system and to minimize the manual data entry process,
efforts are being made to integrate LIMBS with various Courts and Tribunal data bases
through APIs for seamless data transfer and update. In this regard, Supreme Court, High
Court, District Courts and 17 Tribunals were approached. Department of Legal Affairs, in
cooperation with NIC and respective Court/Tribunal Authorities, successfully integrated
LIMBS with the following Courts and Tribunals:
Tribunals (9):
1. Central Administrative Tribunal (CAT)
2. Telecom Disputes Settlement and Appellate Tribunal (TDSAT)
3. Appellate Tribunal for Electricity (APTEL)
4. Customs Excise and Service Tax Appellate Tribunal (CESTAT) 9.68
5. Income Tax Appellate Tribunal (ITAT)
6. National Company Law Tribunal (NCLT)
7. National Company Law Appellate Tribunal (NCLAT)
8. National Green Tribunal (NGT)
9. Railway Claims Tribunal (RCT)
Integration of LIMBS with the Supreme Court and the remaining 4 Tribunals (AFT,
NCDRC, CGIT and Appellate Tribunals under SAFEMA) is under progress.
21
OUTREACH OF
LIMBS PORTAL
KEY
OFFICIALS
55 89 22930 14385 400+
KEY REGISTERED REGISTERED ATTACHED/
OUTREACH MINISTRIES DEPARTMENTS ADVOCATES USERS SUBORDINATE/
PSU
(i) Dashboard: On the dashboard, users can view litigation status of the concerned
Ministry, viz. total number of cases entered, pending cases, disposed of cases,
cases pending for compliance, important cases, contempt cases, counsel wise top
10 cases, subject wise pending cases, etc.
(ii) MIS Reports: Users can view statistical reports or summary reports, viz. case status-
wise summary, case category-wise summary, financial implication-wise summary,
court wise summary, decided cases summary, total arbitration cases, total raised
bills, total nodal Officers list, total user list, etc.
(iii) Advanced Search: Through this powerful utility, users can search court cases
through various fields - Ministry/Department, court details, case category, financial
implication, case status, party name, advocate, system date, case date, next date of
hearing/judgment date and brief history.
(iv) Important Cases – A Nodal Officer has the facility to mark cases as ‘Important’ after
taking approval from the concerned Secretary. Users can also view important cases
of concerned Ministry/Department under Important Cases tab on the dashboard.
(v) Nodal Officers and Local Admins can activate newly registered users of concerned
Ministry/ Departments/ sub-Departments/ autonomous organizations/ CPSEs, etc.
They can change the profile of users who have retired or transferred and can delete
wrongly entered or duplicate cases.
22
UPGRADATION OF LIMBS
(i) FAB Module - On September 17, 2022, Minister of Law & Justice, Shri Kiren Rijiju
inaugurated the FAB Module (Form for Appearance Bill) to enable law Officers to
raise bills online. This digital initiative not only saves time but also helps the smooth
processing of the bills.
(ii) Facility of CNR number (unique 16-digit number generated in every case in e-Courts
website) was added. Users can search their cases using CNR number.
(iii) Direct integration with Tribunals websites through APIs for minimizing errors of
Manual entry of cases.
(iv) Security Audit - Third party security audit of LIMBS application was completed.
(v) Integration of LIMBS with e-Office was started. Ministry/Department user can initiate
files seeking advice from LIMBS website to the Department. The Advice Sections
forward uploaded advice to the corresponding Joint Secretary of the said Ministry/
Department.
(vi) Central Agency Section - In-house digitization was done.
(vii) Regular LIMBS Workshop - LIMBS team provides training to Ministry/Department
users through both, online and offline mode.
IMPACT OF LIMBS
(i) LIMBS acts as a catalyst to bring improvement in monitoring of court cases by
Ministries/Departments and integrates it with e-Court application to provide a
complete and holistic solution. LIMBS uses a unified database, standard templates
and common nomenclature to eliminate the confusion and ambiguity in dealing
with court cases. SMS alerts to advocates, users and concerned Officers ensure
23
Figure III 6:
Training at West Central Railways, Mumbai
Figure III 7:
Training at North Block, Department of Expenditure, Ministry of Finance
24
In order to ensure that commercial contracts are enforced properly and business
activities continue unimpeded, the Commercial Courts Act, 2015 was enacted and
Commercial Courts were established at the District levels. Five High Courts at Bombay,
Calcutta, Delhi, Himachal Pradesh and Madras exercise Original Civil Jurisdiction
wherein commercial divisions have been established. The Act was amended in 2018.
The specified value of the commercial disputes to be adjudicated by the Commercial
Courts is ₹3 lakhs. The Act simplifies the process of settlement of dispute by introducing
mechanism of Pre-Institution Mediation and Settlement (PIMS) where no interim relief
is contemplated.
The mediation is to be conducted under the aegis of the State Legal Services Authority
and District Legal Services Authority as provided under the National Legal Services
Authorities Act, 1987. On failure to resolve dispute through PIMS mechanism, the claimant
can approach the Courts for resolution of their commercial dispute. The amendments
also provide for establishment of Commercial Appellate Court at District level in such
territories wherein the High Courts do not enjoy ordinary original civil jurisdiction and the
commercial dispute case at the first instance is decided by a Court below the Court of
District Judge.
25
26
There are 766 Commercial Courts constituted below District Judge level, 494
Commercial Courts at the District Judge level, 379 Commercial Appellate Division Courts
at District Judge Level. 25 Commercial Divisions and 38 Commercial Appellate Division
constituted in the High Courts.
27
The Bar Council of India also conducts the All India Bar Examination for advocates who
graduated with effect from 2010 and are provisionally enrolled with their respective State
Bar Councils. The examination has to be cleared by such Advocates within a period of
two years of their provisional enrolment in order to obtain the Certificate of Practice.
LEGAL EDUCATION
The Advocates Act, 1961 lays down the standards for legal education in India. It confers
powers on the Bar Council of India to recognise Universities offering degrees in Law
for enrolment as an Advocate. In order to strengthen the outreach of legal education
in India, 23 National Law Universities have been established. The table below provides
State wise private as well as Government Law Colleges and Universities in India.
Rules of Legal Education have been formulated to maintain and raise the standards of
legal education of the Universities and Colleges imparting legal education.
The Rules specify minimum requirements, such as infrastructure, class rooms, minimum
library requirement, qualifications of faculties, moot courts, legal aid clinic, computer
facility, etc.
Compulsory clinical education through Drafting, Pleading and Conveyancing,
Professional Ethics, Alternate Dispute Resolution, Moot Court and Internship, which
includes pre-trial preparations, are also included in syllabus and encouraged.
Visit to police stations, courts, women cells, jail visits are important as it provides an
opportunity for practical observation.
The Prime Minister of India, in his speech on 30 April, 2022 at the Joint Conference
of Chief Ministers and Chief Justices of High Courts urged the inclusion of certain
subjects in legal education such as blockchain technology, electronic discovery,
cyber security, robotic, Artificial Intelligence and bioethics. This has been adopted by
the Bar Council of India.
The syllabus and other norms are laid down by the Bar Council of India in consultation
with the Universities.
Rules of Legal Education provide for imparting legal education in English or in any other
regional language that allows students to appear in examinations in that chosen language.
The Bar Council of India conducts and promotes seminars and workshops by eminent
jurists and publishes journals of legal interest, namely, the Indian Bar Review.
Under Section 10 of the Advocates Act, 1961, the Legal Education Committee, chaired
by a former Supreme Court Judge, regulates the standards of legal education in India.
28
1. Andhra Pradesh 29 4 10 9
2. Arunachal Pradesh 0 6 2 1
3. Assam 15 1 14 4
4. Bihar 10 3 15 12
5. Chhattisgarh 5 7 20 6
6. Delhi 15 2 4 4
7. Gujarat 67 12 32 12
8. Goa 0 0 2 1
9. Himachal Pradesh 10 9 4 2
10. Haryana 20 23 10 8
11. J&K 11 0 2 2
12. Jharkhand 5 10 6 7
13. Karnataka 103 10 10 5
14. Kerala 19 0 8 6
15. Madhya Pradesh 56 23 68 9
16. Maharashtra 131 17 38 12
17. Manipur 3 0 1 2
18. Meghalaya 0 2 4 2
19. Mizoram 0 0 1 1
20. Nagaland 2 0 1 1
21. Odisha 23 4 8 6
22. Puducherry 1 0 2 1
23. Punjab 29 11 14 4
24. Rajasthan 55 38 26 7
25. Sikkim 0 1 2 2
26. Tamil Nadu 2 15 10 2
27. Telangana 23 4 5 6
28. Tripura 0 1 1 1
29. Uttarakhand 32 8 5 3
30. Uttar Pradesh 223 27 47 20
31. West Bengal 31 10 11 12
Total 920 248 383 170
29
30
The objective of the Committee is to make legal education accessible in regional languages
through translation of books. It has resolved that the task of providing Bharatiya Bhasha
vocabulary of words and phrases, which are commonly used in local language, will be
undertaken by a Sub-Committee consisting of the following-
1. Justice L. Narasimha Reddy,
Former Chief Justice of Patna High Court,
Vice-President, Bharatiya Bhasha Samiti;
2. Mr. Chamu Krishna Shastry,
Chairman, Bharatiya Bhasha Samiti; and
3. Mrs. Anjali Thakur, Advocate.
DISCIPLINARY MATTERS
The Bar Council of India, pursuant to the judgment of the Supreme Court of India in Civil
Appeal No. 7478/2019, heard 2370 transfer cases through Disciplinary Committees and
has been able to successfully dispose 1605 cases.
VISION @ 2047
The Prime Minister of India described the Vision @ 2047 as follows: -
“In this decade of ‘AMRIT KAAL’, we will ensure that all the facilities like service delivery
should reach the citizen up to the last mile; for the overall development of the country
unnecessary interference by the government and government processes in the lives of
the people must be ended.”
31
Identify Stakeholders
like Arbitrators, Develop Transparent
Create Institutional and elaborate rules
Mechanism in Arbitration councils
for Arbitration
top 10 cities proceedings
Hi-end
Technology
ALTERNATE rules for
ARBITRATION DISPUTE Arbitration
proceedings
RESOLUTION
(ADR)
Develop trained MEDIATION
workforce
32
Figure V 1:
Right to Information Cell
33
Table V-1:
RTI applications and disposal
RTI Pending Disposed RTI First Pending Disposed RTI
Application Cases Cases Appeal Cases Cases Second
Appeal
34
Figure V 2:
Public Grievance Cell
The Division is headed by Shri Rajveer Singh Verma, Additional Secretary, and assisted
by Shri Saji Gopinath, Under Secretary, Shri Upendra Nath Mishra, Section Officer and Ms
Shweta Negi, Court Clerk.
Table V 2:
Status of Public Grievances in CPGRAMS
5422 5417 5
35
Figure V 3:
Vigilance Unit
36
ROLE OF
CHIEF 1 5
3 7
VIGILANCE 2 4 6
OFFICER
Vigilance Awareness Week was observed in the week starting from 31.10.2022 to
37
In addition to the workshop, the students of the Culture Society, Campus Law Centre,
Delhi University performed a Nukkad Natak on Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 on 7 December, 2022 at
Shastri Bhawan to create awareness and instill the values of respect and equality for all
women. Students presented the audience with vibrant messages in an innovative way,
showing how the problem of sexual harassment exists in workplaces, public transportation
hubs, educational institutions, and other social settings, and outlining various measures
that can be taken to prevent sexual harassment.
38
VI: NOTARY
The Notary Cell of the Department of Legal Affairs makes appointments of the Notaries
and implements the Notaries Act, 1952 and the rules framed thereunder.
As part of the Digital India Campaign, the notary work was digitalised. This has eased the
appointment process of Notaries and the functioning of administration. 23,565 Notaries
have been appointed by the Central Government in different States and Union Territories.
Figure VI 1:
Notary Cell
39
40
41
Table VI 2:
Transformation from Service Plus to NOAP
Offline interview call Letter generation Online interview call letter generation
Comprehensive Portal with other Exclusive portal for Notary Cell in the
services Department website
Dashboard view with all statistics of
No Dashboard view
Notaries
42
I
ndia’s digital footprint witnessed accelerated growth rates with its outreach expanding
to more than 50% of its population in less than a decade. Empowering the common
citizenry. In keeping with this spirit, the Department of Legal Affairs, which was hitherto
considered a paper-heavy Department has made significant progress towards becoming
a paperless organization.
Figure VII 1:
Cyber Cell
One of the key initiatives is the Legal Information Management and Briefing System
(LIMBS), which is a web-based application to monitor all court cases where the Union of
India is one of the parties. This application allows for real time monitoring of all Union of
India related cases, while also managing the fees for all the Law Officers, Panel Counsels
and Advocates associated with those cases. Earlier, officials had to line up in Courts
simply to find the status of an order, now the same is available at the click of a button.
Equally significant is the initiative to digitalize the application process for Notaries. This
has directly benefitted the citizens by allowing them to apply for Notaries online. The
larger intent is to transform the entire end-to-end notarization process into a digitized
system that can be easily accessed and executed from the comfort of home. This initiative
is an important step towards the Government’s public-centric approach and is also in line
with Vision 2047, while at the same time, enhancing the Ease of Doing Business.
43
The Department of Legal Affairs is also moving towards a paperless office by digitizing
many documents and process flows, thereby, increasing transparency and the pace of
decision-making. Creation of files, noting in files, decisions at various levels and issuing
decisions as letters and notifications have all become online through e-Office 7.0.
With the ability to create files online, track files online, and speedy decision-making
due to constant monitoring online, e-Office is rapidly transforming the entire way of life
at Government Offices. E-Office comes equipped with high-tech features like e-File,
Knowledge Management System, CAMS, e-Leave, e-Tour, Sparrow, PIMS, etc.
Figure VII 2:
Features of the Cyber Security Crisis Management Plan (CCMP)
Information Cloud
Security Security
44
Given the widespread and pernicious nature of cyber based threats, all Ministries/
Departments/Organizations have been mandated to significantly improve their IT and
cyber security protocols. The intent is to safeguard their networks, data and organizations
against any possible IT and cyber based threats and attacks.
In this regard, action plans, in line with the directions from MeitY, have been undertaken
by the Department of Legal Affairs. The first step was the formulation of a Cyber
Security Crisis Management Plan (CCMP). This plan included the designation of a Chief
Information Security Officer (CISO), along with a Deputy CISO, to coordinate the creation
and implementation of the CCMP.
The CCMP has created the impetus for a structured policy formation process within the
Department of Legal Affairs to deal with such crisis. The plan involves the installation of
updated versions of the software used within the Department to ensure better network
and equipment security, as well as replacement of old IT equipment with modern, higher
capability, and more secure models. The Department included within the purview of this
plan, the external locations of the Department of Legal Affairs, to ensure uniformity in
network security protocols.
updated versions of the software used within the Department to ensure higher levels of network
Additionally, a dedicated team was identified for the constant monitoring of cyber
and equipment
security security, as well as
issues, especially, anyreplacement of oldorITlapses
possible breaches equipment withhappen
that might modern, higher
within
the Department. Budgetary estimates was drawn up, and funds were sanctioned for
capability, and more secure
implementing models.
the CCMP, The Department
to safeguard has alsofrom
the Department included, within the
cyberattacks. purview of
To illustrate
this plan,visually, the CCMP
the external action plan
locations strives
of the to provide holistic
Department of Legal coverage forto
Affairs, allensure
aspectsuniformity
pertaining in
to the IT infrastructure within the Department.
network security protocols.
JAGAROOKTA
Additionally, SESSION
a dedicated team has been identified for the
As part of the holistic plan to share information and
constantcreate
monitoring of cyber
awareness security
about issues, especially,
cybersecurity and cyber
based threats as it pertains to Department of Legal
any possible breaches
Affairs, or lapsesconducted
the Department that mighta comprehensive
happen within
awareness session in November 2022 comprising
the Department. Budgetary
presentations andestimates
lectureshave bybeen drawn up,
experienced
professionals. All senior Officers of the Department
and fundsweresanctioned
in attendancefor implementing the CCMP,
and actively participated, to
along
safeguardwith
theall staff members
Department from of the Department,
cyberattacks. in the
To illustrate
awareness session. The information presented
visually,included
the CCMP action
critical plansuch
aspects strives to provide
as Dos & Don’tsholistic
as well
as the intricacies of these attacks and examples of mitigation measures. The actual event
coveragewasforpreceded
all aspectsbypertaining
a week-longto the IT infrastructure
campaign comprising within
quizzesthe
andDepartment.
attendant publicity to
generate interest and enthusiasm for the Jagarookta session. The session ultimately
Jagarookta
turnedSession
out to be a major success which also saw participation by Senior Advocates and
MeitY Officers. The key success for Department was the all-round participation by all
members of the Department at all levels.
As part of the holistic plan to share information and create awareness about cybersecurity and
45
cyber based threats as it pertains to Department of Legal Affairs, the Department conducted a
comprehensive awareness session in November 2022 comprising presentations and lectures6/14/2023
At A Glance-ENG_NEW.indd 45 by 11:39:48 AM
experienced professionals. All senior officers of the Department were in attendance and
Figure VII 3:
Do’s and Don’ts to be cyber-secure.
46
47
HEAD WISE EXPENDITURE STATEMENT FOR THE YEARS 2021-2022 & 2022-2023 {In Crores(`)}
MAJOR BUDGET REVISED EXCESS(+) BALANCE
S.No. CODE EXPENDITURE
HEADS PROVISION ESTIMATE SAVING(-) AVAILABLE
2021-22 2022-23 2021-22 2022-23 2021-22 2022-23 2021-22 2022-23
Collection of Taxes on
2 2020 119.30 122 118.35 117.72 102.07 113.90 16.28 3.82
Income and Expenditure
Secretariat General
3 2052 72.9 88.18 78.78 93.53 65.25 91.21 13.53 2.32
Service
Other Administrative
4 2070 7.3 7.7 7.3 8.00 4.27 5.23 3.03 2.77
Services
Table VIII 2:
Audit Para No.12.1 of Report No.6 of 2020 reg. Grant for construction of Auditorium not used since January 2000
No. of Paras/ PA reports
on which ATNs have
been submitted to PAC Details of the Paras/PA reports on which ATNs are
after vetting by audit pending
No. of ATNs No. of ATNs sent No. of ATNs
Sl.No. Year not sent by the but returned with which have been
Ministry even for observations finally vetted
the first time and Audit is by audit but
awaiting their have not been
resubmission by submitted by the
the Ministry Ministry to PAC
12.1 Report No.6 of 2020 reg. 1 0 0 0
Grant for construction of
Auditorium not used since
January, 2000.
48
T
he traditional mode of dispute resolution, i.e. litigation, is a lengthy process leading
to unnecessary delays in dispensation of justice as well as overburdening of
Judiciary. In such a scenario, Alternate Dispute Resolution (ADR) mechanisms like
arbitration, conciliation and mediation assume significance. These ADR mechanisms are
less adversarial and are capable of providing a better substitute to the conventional
methods of resolving disputes.
ADR mechanisms have the advantage of resolving disputes namely civil, commercial
and family etc., where people are not able to start any type of negotiation and reach
settlement, and also in many cases where privacy is important.
In modern times, to keep pace with the globalization of trade and commerce, several
legislative measures to promote ADR mechanisms have been taken. The Department
of Legal Affairs is concerned with the Arbitration and Conciliation Act, 1996, India
International Arbitration Centre Act, 2019 and the Mediation Bill, 2021.
Figure IX 1:
Alternate Dispute Resolution
49
The Centre envisages providing world class facilities and administrative assistance for
conciliation, mediation and arbitral proceedings, maintaining panel of reputed arbitrators,
both at national and international level, promoting research and study, providing teaching
and training and organising conferences and seminars in arbitration, conciliation,
mediation and other alternative dispute resolution mechanisms.
The Centre, being an institution of national importance, owes its origin to a statute
passed by the Parliament. Globally, Indian parties account for a large number of arbitration
cases. The Centre will provide fair and speedy resolution of arbitration cases at affordable
cost and thus promotes institutional arbitration, without entangling the parties in the
uncertainties associated with ad-hoc arbitrations. The Centre is strategically located at
Vasant Kunj in Delhi. The website of IIAC is operational since February 2023 and provides
an overview of the Centre and its functioning.
The Centre was established vide Notification dated 13th June, 2022. Further, the
following Rules as required under the India International Arbitration Centre Act, 2019,
were notified: -
ii. India International Arbitration Centre (Terms and Conditions and the Salary and
allowances payable to Chairperson and Full-time Members) Rules, 2022.
iii. India International Arbitration Centre (Form of Annual Statement of Accounts) Rules,
2022.
iv. India International Arbitration Centre (Travelling and other Allowances Payable to
Part-time Members) Rules, 2022.
The following Regulations of India International Arbitration Centre have also been notified
on 31.03.2023:
(i) India International Arbitration Centre (Criteria for Admission to the Panel of Arbitrator)
Regulations, 2023.
(ii) India International Arbitration Centre (Transaction of Business) Regulations, 2023.
The Chamber of Arbitration under the Centre has been established to empanel
experienced arbitrators of repute, at national and international level.
50
Justice Hemant Gupta, former Judge, Supreme Court of India was appointed as the
Chairperson of the Centre. Mr. Ganesh Chandru and Mr. Anant Vijay Palli were appointed
as part-time Members of the Centre.
The Centre will have association with other contemporary international arbitral
institutions for mutual collaboration and cooperation for promoting institutional arbitration
and enhancing the credibility of the Centre as a specialised arbitral institution.
The Centre has entered into a Memorandum of Understanding with IIM Rohtak to
enable mutual collaboration and co-operation for promoting arbitration as an efficacious
mode of alternate dispute resolution.
The Centre's operation in the conduct of arbitration in a timely and credible manner
may prove to be a game changer in investor's perception of doing business in India,
thereby also establishing itself as a professionally managed arbitration centre.
The Arbitration and Conciliation (Amendment) Act, 2019 provides for establishment of
the Arbitration Council of India (Council) which will frame, review and update norms to
ensure satisfactory levels of arbitration and will also frame policies governing the grading
of arbitral institutions. The Council will lay down norms to bring uniformity of standards
among the arbitral institutions in the country.
The establishment of the Council further minimizes court intervention in arbitration matters
by providing that parties may approach the Supreme Court and High Courts designated
and Council graded arbitral institutions for the purpose of appointment of arbitrators
under section 11 of the Arbitration and Conciliation Act, 1996, thereby reducing the time
and expenses of the concerned parties. With a view to expedite the establishment of
the Council, the following Rules have been notified according to the provisions of the
Amendment Act: -
i. The Arbitration Council of India (Terms and Conditions and the salary and allowances
51
The Bill was referred for examination and report to the Department related Parliamentary
Standing Committee on 20.12.2021. The Committee has submitted its 117th report on
Mediation Bill, 2021 on 13.07.2022 which is under consideration of Government, for
moving of official amendments to the Bill.
AMRCD/ AMRD
Administrative Mechanism for Resolution of Central Public Sector
Enterprises (CPSEs) Commercial Disputes (AMRCD)
A two-level mechanism called the Administrative Mechanism for Resolution of Central
Public Sector Enterprises (CPSEs) Commercial Disputes (AMRCD) was established on
22 May 2018 to settle commercial disputes between CPSEs and other government
departments and organizations, with the exception of those involving the railways,
income tax, customs, and exercise departments.
1. APPLICABILITY
Any disagreements or disputes regarding the interpretation and application of the
terms of a commercial contract between Central Public Sector Enterprises (CPSEs)/
52
ã In case the two disputing parties belong to the same Ministry/Department, the above
said Committee will comprise the Secretary of the administrative Ministry/Department
concerned, the Secretary, Department of Legal Affairs, and the Secretary, Department of
Public Enterprises. In such a case, the matter may be represented before the Committee
by the FA and one Joint Secretary of that Ministry/Department.
Figure IX-2:
Structure of AMRCD
ADMINISTRATIVE MECHANISM FOR RESOLUTION
OF CPSES COMMERCIAL DISPUTE
AMRCD
53
PROCEDURE
CLAIMS ARGUMENTS IMPLEMENTATION
The claiming party The FAs of the concerned A copy of the decision
(Claimant) will approach administrative Ministries/ will be communicated
the FA of its administrative Departments will by the Secretary of the
Ministry/Department for represent the issues administrative Ministry/
representing the dispute related to the dispute Department of the
before the Secretary of its in question before the claiming party to each
administrative Ministry/ concerned Committee. party to the dispute for
Department. implementation.
2 4
1 3 5
NOTICE DECISION
The Secretary of the Administrative Ministry/ After arriving at a decision by
Department of claiming party will intimate the the Committee, the Secretary
same to the Secretary of the administrative of the administrative Ministry/
Ministry/Department of the responding party Department of the claiming party
(Respondent) and Secretary-D/o Legal Affairs will write down the decision
and thereafter meetings will take place in the and it will be signed jointly by
administrative Ministry/Department of the both the Secretaries and the
claiming party to examine the facts and resolve Secretary of D/o Legal Affairs.
the dispute on merit.
3. APPEAL
Any party aggrieved with the decision of the Committee at the First Level may prefer an
appeal before the Cabinet Secretary at the Second level within 15 days from the date of
receipt of decision of the Committee at the First level, through its administrative Ministry/
Department, whose decision will be final and binding on all concerned.
54
1. APPLICABILITY
AMRD shall apply to any/all dispute(s), other than those related to taxation, between
Central Government Ministries / Departments inter se and between Central Government
Ministries / Departments and other Ministries/ Organisation(s)/ Subordinate/ Attached
Offices/ Autonomous Institutions, under their administrative supervision/control.
2. STRUCTURE
Administrative Mechanism for Resolution of Disputes (AMRD) follows the
following structure:-
a. Disputes, other than taxation, shall be referred at the First level, to a Committee
comprising the Secretaries of the Administrative Ministries/Departments to which the
disputing Parties belong, and Secretary, Department of Legal Affairs.
b. The Joint Secretaries (JSs)/Financial Advisers (FAs) (for commercial disputes) of the
two concerned Administrative Ministries/ Departments may represent the issues
related to the dispute in question, before the Committee.
c. In case the two disputing parties belong to the same Ministry / Department, the above
Committee may comprise of the Secretary of the Administrative Ministries/Department
concerned and Secretary, Department of Legal Affairs. Secretary, Department of
Public Enterprises may be invited in case the dispute pertains to a CPSE.
e. In case the dispute remains unresolved after consideration by the Committee, it will
be referred at the Second level, to the Cabinet Secretary, whose decision will be final
and binding on all concerned.
55
PROCEDURE 3
Thereafter meetings may be held to PROCEDURE 4
examine the facts and resolve the dispute After the Committee
on merit. The JSs / FAs of the concerned arrives at a decision,
administrative Ministries/Departments it shall be signed by
will represent the issues, related to the members of the
the dispute in question, before the Committee.
above Committee.
PROCEDURE 2
The Secretary of the PROCEDURE 5
administrative Ministry/ A copy of the decision
Department of the claiming will be communicated
party will inform in writing the by the Secretary of the
details of the dispute, to the administrative Ministry/
Secretary of the administrative Department of the claiming
Ministry/Department of the party to the members of
responding party (Respondent) the Committee and to each
and Secretary, D/o Legal Affairs, and
request for convening a meeting.
party to the dispute for
implementation.
PROCEDURE 6
PROCEDURE 1 The Committee of
At the First level (tier), the Secretaries at the First
claiming party (Claimant) level (tier) shall finalise its
may be represented, before decision within 3 months after
the Committee, by the JS/FA having received the reference/
of the administrative Ministry/
Department.
notice in writing regarding
the dispute from the
concerned aggrieved party.
4. APPEAL
Any party aggrieved with the decision of the Committee at the First level may prefer an
appeal before the Cabinet Secretary at the Second level within 15 days from the date of
receipt of decision of the Committee at the First level, whose decision will be final and
binding on all concerned.
56
CAPACITY BUILDING
In order to keep the Officers abreast with the latest judicial and legal trends and to acquaint
them with latest developments in the fields of law, legal databases, cyber security, and
information technology, the Department of Legal Affairs undertakes capacity building
and training programmes for its employees.
The Capacity Building Commission (CBC) facilitates the preparation of Annual Capacity
Building Plans for Departments, Ministries, and Agencies. Along with Karmayogi, its digital
wing, the National Program for Civil Services Capacity Building bases itself on the goals
of good governance, citizen centric performance, and public accountability and provides
training of the highest quality and resources to individuals, organisations and institutions
.
Training and Capacity Building Activities:-
A one-day workshop was organized by the Department of Personnel and Training (DoPT)
and Capacity Building Commission on 02.12.2022 for the preparation of an Annual
Capacity Building Plan. The plan of a Ministry/Department/Agency will identify their
capacity needs through the three lenses of National Priorities, Emerging Technologies,
and Citizen Centricity.
Kick-off Meeting
The workshop was followed by a kick-off meeting held on 19 December 2022 between
the Capacity Building Commission and the Department of Legal Affairs. The vision and a
15-week plan was shared to achieve the aim of creating an Annual Capacity Building Plan.
The vision of the Department of Legal Affairs is to achieve excellence in legal affairs for
accomplishing the goals set out in the Constitution of India. Focus areas were identified
such as legal reforms, advice to Ministries, e-Governance solutions, ADR methods,
international cooperation and conduct of litigation. A training strategy will be designed
and developed for all employees basing on the roles and activities of the employees and
challenges faced by them.
57
TRAINING DIVISION
The Union Public Service Commission hires Officers for the Indian Legal Service (ILS)
primarily on the basis of their legal competence and prior work experience. Upon
appointment, the new recruits to the Service are placed under the supervision of the
senior Officers of the Department based on an internal work allocation system devised
by the Department. The necessity for training is to improve professional abilities in
accordance with the Department’s work requirements.
A separate Training Division has been created to coordinate the creation of the training
academy. Dr. Anju Rathi Rana, Additional Secretary, oversees the Training Division.
58
59
60
According to the latest Manual of Office Procedure, the duties of SSA and
JSA are as under:-
i. Senior Secretariat Assistants(SSA):- Deal with the subject areas allocated to the
Section and also expected to deal with all matters allocated or any other work
assigned to him/her from time to time.
ii. Junior Secretariat Assistants (JSA):-Provide miscellaneous support to the Section/
Unit/Desk in carrying out day to day work like photocopying/record handling and
maintenance, registration of Dak, marking/sending Receipts/files and other associated
tasks or any other work assigned from time to time.
61
Table X-1:
Name of the posts and their Group
Sl.
No.
Name of the Posts Group of Post
1. Superintendant (Legal) Group-B
2. Assistant (Legal) Group-B
3. Junior Central Government Advocate (Jr.CGA) Group-B
4. Librarian Grade- I Group-B
5. Library information Assistant/Sr.Library Information Assistant Group-B
6. Senior Library Attendant Group-C
7. Library Clerk Group-C
8. Sr. Court Clerk Grade – I Group-B
9. Sr.Court Clerk Grade – II Group-C
10. Court Clerk Group-C
11. Record Clerk Group-C
12. Staff Car Driver Group-C
13. Dispatch Rider Group-C
14. Senior Gestetnor Operator Group-C
2. Superintendent (Legal), Assistant (Legal) and Jr.CGA in the GCS cadre perform the
following duties:-
a. Putting up precedents on matters referred to the Department for legal advice.
b. Rendering of general and secretarial assistance to the Officers of the Department
of Legal Affairs in disposing of matters referred for legal advice/conduct of litigation,
including submission of notes and drafts in such cases.
c. Providing general and secretarial support to the Legal Advisers of the Department
in handling matters referred for legal advice, including the preparation of notes
and drafts.
d. Undertake research and reference work, whenever necessary.
62
CONSULTANTS
Twenty three consultants were hired by the Department of Legal Affairs for fulfilling
specialized tasks.
YOUNG PROFESSIONALS
Department of Legal Affairs hired 29 Young Professionals from the legal field to provide
professional expertise on specific spheres of law. Young Professionals work as an in-
house talent pool and undertake research and analysis work on special projects of the
Department.
INTERNSHIP PROGRAMME
The Department organizes Internship Programme for young law students. The purpose of
this Programme is to acquaint young law students with the functions of the Department.
During the internship, the students are trained in research and referencing work,
rendering advice on various legal issues and litigation matters pertaining to various fields
of law. Indian law students who have completed their LL.B. programme at any accredited
law college or University as well as those who are pursuing their second and third year
of a three-year degree programme or their third, fourth or fifth year of a five-year degree
programme are eligible for applying for the internship programme. The duration of the
internship is generally for a month, beginning on the first of each month.
Gr
APPOINTMENT AND PROMOTIONS
HAG Level - Two Joint Secretaries were promoted to the rank of Additional Secretaries.
SAG Level – 2 (Two) Joint Secretaries & Legal Advisers were appointed at the SAG
level through direct recruitment; 1 (One) Additional Law Officer was promoted as Joint
Secretary and Law Officer (JS & LO); 1 (One) Additional Legal Adviser was promoted Gro
as Joint Secretary and Legal Adviser (JS & LA); and 2 (Two) Additional Government
Gro
Advocates were promoted as Senior Government Advocates.
NFSG Level – 1 (One) Additional Government Advocate was appointed through direct Gro
recruitment and 10 (Ten) Deputy Legal Advisers were promoted as Additional Legal Adviser. TO
JAG Level – 7 (Seven) Assistant Legal Advisers were promoted as Deputy Legal Advisers.
GENDER PARITY
The Government has introduced programmes/schemes aimed at reducing gender gap
and has allocated funds dedicated to this goal. Through this effort the Government is
continuously promoting gender parity/equality with a focus on alleviating gender gap in
all sectors and at all levels of governance.
63
Table X-2:
Number of Women Employees
Table X-3:
Number of Employees and Percentage under different categories
Group Total No. Sched- % of total Sched- % of Other % of total Ex-ser- % of Per- % of total
of uled employ- uled total Back- employ- vice- total sons employ-
Employ- Castes ees Tribes employ- ward ees men employ- with ees
ees ees Classes ees Disabil-
ities
Group ‘A’ 133 31 23.30% 5 3.75% 14 10.52% 0 0% 2 1.50%
Group ‘B’ 163 20 12.26% 8 4.90% 38 23.31% 3 1.84% 7 4.29%
Group ‘C’ 235 66 28.08% 12 5.10% 38 16.17% 0 0% 4 1.7%
TOTAL 531 117 22.03 25 4.70% 90 16.94% 3 0.56% 13 * 2.44%
*[OH-10 (SC-01, ST-01, OBC-01), HH-01, VH-02 (OBC-01)]
The above table includes information with respect to the posts existing in Legislative
Department, Law Commission and Central Agency Section.
The above statement does not include information about posts in Income Tax Appellate
Tribunal (ITAT).
64
ABOUT
The Official Language Unit aims to promote the usage of Hindi language in the Department
of Legal Affairs. The Unit undertakes translation of official documents, preparation and
research for publication on different media in Hindi.
Figure XI 1:
Official Language Unit
WHO’S WHO
The Official Language Unit is headed by Shri Rajveer Singh Verma, Additional Secretary
& Rajbhasha Adhikari. It is managed by Mrs. Savita Singh, Deputy Director, Shri Shamsher
Singh, Assistant Director and Shri Sanjay Kumar, Assistant Director, Assistant Director
along with Senior Translation Officers and Junior Translation Officers namely Shri Jetharam
Godara, Ms. Madhuleena Ghosh and Ms. Indu, Shri Surya Pal Yadav respectively.
65
1. Orders for individuals under Rule 8(4): Under Rule 8(4) of the Official Languages (Use
for Official Purpose of the Union) Rules, 1976 (as amended, 1987), latest orders in the
name of 39 personnel who are proficient in Hindi were issued on 02.12.2022 to do
their complete official work in Hindi.
2. Check Points: A review of the check points for implementation of orders relating to
the Official Language was made and orders for creation of adequate number of check
points in accordance with Rule 12 of the Official Languages Rules, 1976 were issued on
18.11.2022. The effectiveness of check points is regularly monitored through quarterly
progress reports received from sections/offices.
3. Steps to promote usage of Hindi: In Sections / Units where the staff are proficient in
Hindi, the use of Hindi in their day-to-day work is encouraged. Work relating to grant
of various types of leave is being done in Hindi. Most cases relating to House Building
Advances, GPF Advances and Withdrawals etc. are also being processed in Hindi and
orders are also being issued in Hindi.
5. Standard draft of Hindi Specimen: Hindi specimen of standard drafts of all letters
used frequently by various sections are provided. All standard forms were prepared
in Hindi and English so that employees can use them without facing any difficulty. All
forms used in the Department were translated to Hindi. Entries in service books are
also made in Hindi. All rubber stamps, name plates, sign boards etc., are prepared in
bilingual form.
6. Bilingual Computers: All computers in the Department are bilingual. Facility to work
in Hindi is available on the computers which have been provided to the Officers and
Sections of the Department.
7. Hindi Teaching Scheme: A time bound programme was prepared for imparting Hindi/
Hindi Stenography/ Hindi Typing Training to the employees of the Department and
its Offices under the Hindi Teaching Scheme. Employees are awarded personal pay/
Advance increments/ Cash Awards etc. as per the instructions of the Department of
Official Language, Ministry of Home Affairs.
66
9. Hindi Workshop: In compliance with the Official Language Policy of the Union and
the instructions issued by Department of Official Language, Ministry of Home Affairs,
with the objective of removing the difficulties being faced by the employees of
Department of Legal Affairs in their day-to-day official work in Hindi, a Hindi workshop
was organized on 27.09.2022. A lecture/training was given in this workshop to the
Officers/Assistants/UDCs/Court Clerks posted in Department of Legal Affairs by Shri
Shriprakash Shukla, Joint Director (Retd.).
Figure XI 2:
Hindi Workshop organised on 27.09.2022
10. Organisation of Hindi Pakhwada: To promote the use of Hindi and to increase the
awareness among the employees as regards the Official Language Policy and the
various incentive schemes for using Hindi in official work, ‘Hindi Pakhwada’ was
organised by the Department from 14.09.2022 to 29.09.2022. This year, during the
‘Hindi Pakhwada’, five competitions, namely, Hindi Essay Competition, Hindi Typing
Competition, Translation Competition, Hindi Noting and Drafting Competition and
Hindi Dictation (for Group ‘C’ employees and LDC and Court Clerks) were organised
by the Department. 83 Officers/employees participated in these competitions, out of
which 63 successful participants were awarded cash prizes totalling Rs. 86,500. Hindi
Pakhwada was also celebrated in the Branch Secretariats of the Department and
Benches of the Income Tax Appellate Tribunal.
67
11. Closing Ceremony of Hindi Pakhwada: A prize distribution function was organized
on the closing ceremony of Hindi Pakhwada on 29.09.2022 at Dr. B.R. Ambedkar
International Centre, New Delhi. Cash prizes and certificates were awarded to the
winners of various competitions organized in the Department of Legal Affairs, in
which Officers/employees of the Ministry participated. The awards/certificates were
distributed by the Minister of Law and Justice.
12. Hindi Essay Competition: The Official Language Unit organised a Hindi essay
competitiontitled 'Corruption free India: Developed India' during the Vigilance Awareness
Week in which 23 personnel participated and 13 winners were awarded prizes.
Figure XI 4:
Minister of Law & Justice, Shri. Kiren Rijiju, distributing a certificate
to the winner in a Hindi Competition
68
INTRODUCTION
ITAT is one of the oldest Tribunals, set up under section 252 of the Income-Tax Act, 1961
to hear second appeals in all matters of Direct Taxes and Appeals against the revision
orders of Administrative Commissioners as well as orders denying registration under
Section 12A or under Section 80G of the Income-Tax Act, 1961. It functions as the final
fact-finding authority in the matters concerning income-tax, wealth-tax, gift-tax. The
orders passed by the ITAT are final; an appeal lies to the High Court only if a substantial
question of law arises for determination.
Figure XII-1:
Presence of ITAT
69
COMPOSITION
The Income Tax Appellate Tribunal is a quasi-judicial body headed by a President
and assisted by Zonal Vice-Presidents, and Members (both Accountant Members and
Judicial Members). The powers and functions of ITAT are exercised and discharged by
the Benches constituted by the President of the Tribunal from amongst the Members
thereof, which ordinarily consists of one Judicial Member and one Accountant Member.
Table XII-2:
Administrative structure of ITAT
PRESIDENT
Head Office Zones
(Mumbai) ( 10 Zones in various parts of the country)
Registrar Vice President
Deputy Registrar Members (AMs & JMs)
Assistant Registrar Deputy Registrar
Assistant Registrar
Benches ( At 30 Stations)
Members (AMs & JMs)
Assistant Registrar
70
Table XII-3:
ITAT Bench Strength
3 Accountant Member 63 38 25
4 Judicial Member 63 45 18
TOTAL 126* 83** 43***
The powers and functions of the Appellate Tribunal are exercised and discharged by
the Benches constituted by the President of the Tribunal from amongst the Members
thereof. Generally, a Bench consists of one Judicial Member and one Accountant Member.
However, in appropriate cases, at the discretion of the President, a Bench may consist of
more than two Members. The President or any other Member of Tribunal authorised on
this behalf by the Central Government may, sitting singly, dispose of any case which has
been allotted to the Bench of which he is a Member and which pertains to an assessee
whose total income as computed by the Assessing Officer, in that case, does not exceed
₹ fifty (50) lakhs and the President may, for the disposal of any particular case, constitute
a Special Bench consisting of three or more Members, one of whom shall necessarily be
a Judicial Member and one Accountant Member, subject to the provisions of the Income-
Tax Act, 1961.
71
72
The Appellate Tribunal has, accordingly, framed its own rules called the Income-Tax
(Appellate Tribunal) Rules, 1963. The said Rules provide for expeditious disposal of all
matters pending before the Appellate Tribunal. The Appellate Tribunal functions as the
final fact-finding authority not only in the matters concerning Income-Tax but also in all
matters of taxation.
The matters, which the Appellate Tribunal disposes, involve revenue to the tune of
several crores. The Tribunal is entrusted with the responsible task of deciding intricate
questions of law and fact.
The presence of both the Judicial and Accountant Members ensures that questions
of law and fact, which arise for consideration are properly enquired into and weighed
properly. The Appellate Tribunal allows the representatives of both the parties to appear
before it and hears them before passing any order. The Members hear the parties, peruse
the evidence on record, make their own notes, refer to the authorities cited at the Bar,
confer among themselves and then pass final orders.
PENDENCY OF APPEALS
Necessary instructions were issued to all the Benches to scrutinize and identify cases
which are covered by decisions of I.T.A.T., High Courts, and the Supreme Court and post
them on priority basis. This includes group and small matters. The members of the Bar
were also requested to bring all such covered cases to the notice of I.T.A.T., for out of turn
posting. Besides, appeals dealing with Search and Seizure matters and appeals against
Order passed under section 263 by the Administrative Commissioners are prioritised.
Similarly, appeals against the denial of registration to charitable institutions under section
12A and denial of recognition under Section 80G are also prioritised. Appeals of senior
citizens are also taken up for priority hearing. Further, according to amendments made in
Income Tax Act, 1961 by Finance Act, 2015, appeals involving assessed income upto ₹50
lakh can be heard by a single member Bench.
The bar graph shows the result of efforts taken by ITAT to effectively reduce the
pending number of cases from 2018 to 2023.
73
36461
2023 9096
(upto 31.03.2023) 7233
38324
2022 39083
21364
54315
2021 40473
15046
79754
2020 24256
14617
89412
2019 53160
50991
91419
2018 51347
50807
DIGITIZATION
Initiated in early 2000s, digitization has taken great momentum in living up to the motto
of “Nishpaksh Sulabh Satvar Nyay.” Various efforts have been detailed as follows:
74
e. JudiSIS Application
JudiSIS is an internal desktop application developed in-house for managing various day-
to-day judicial activities. JudiSIS enables internal users to manage cause lists, hearings,
prepare notices, generate periodical statements, send email communications, update
case status and publicise daily order-sheets on website.
g. CCTV Cameras
According to the directions of the Supreme Court of India, and the guidelines of the
Department of Legal Affairs, Ministry of Law & Justice, CCTV Cameras with audio and
video recording facility were installed in court rooms and other important entry points of
various Benches of the Income Tax Appellate Tribunal. Currently, CCTV Cameras were
installed and are operational at 26 Benches of ITAT. CCTV Cameras are working in good
condition and recording is regularly done and reports have been received from these
Benches. Procurement and installation are in progress at four more Benches.
h. E-Court
E-Court Project is aimed at connecting non-functional benches with functional benches
and conducting judicial proceedings through video conferencing. E-Court infrastructure
has been set up at all Benches of the Income Tax Appellate Tribunal. Hearings at ITAT
Rajkot, Guwahati, Ranchi and Patna Benches are conducted through E-Courts.
75
j. Centralization
Work towards centralization of non-judicial functions of subordinate Benches at the
Zonal Headquarters is in progress. This is done for Optimal Utilization of Human
Resources of ITAT. Centralization has already commenced in Delhi and Bangalore
Zonal Headquarters by taking over the work of Agra and Cochin Benches respectively
w.e.f. 1st November, 2022.
ACHIEVEMENTS
Figure XII-3:
Achievements of ITAT
PUBLISHING OF DAILY API LINKAGE WITH LIMBS RTI ONLINE PORTAL IMPLEMENTATION
ORDERS For the purpose of minimising All Public Authorities OF EOFFICE
As a major step in promoting manual data entry, LIMBS of ITAT have been By the courtesy of
transparency in judicial portal has been integrated on-boarded on the Department of Legal
administration, ITAT has through APIs with various RTI Online Portal Affairs, E-Office
started publishing daily orders Courts/Tribunal. The LIMBS (https://rtionline. software has been
passed by various Benches portal has been linked with gov.in) enabling the implemented in
of the Tribunal on the official ITAT facilitating seamless data applicants to file their ITAT for forwarding
website. All the Members transfer across applications, request for information various proposals to
have started signing the daily and shall help in auto updation and receive the Department of Legal
order sheets generated by of records on the LIMBS portal response online. Affairs electronically.
the JudiSIS software. pertaining to cases in ITAT.
76
d. Training Programmes
A 02 days’ Refresher Training Programme for Superintendents of ITAT was conducted
on 27th – 28th May, 2022 at ITAT Bangalore.
e. Swachhata Pakhwada
“Swachhata Pakhwada” was observed at all the Benches of Income Tax Appellate Tribunal
during the period from 1st to 15th April, 2022 and “Swachhata Pledge” was administered
to all Officers and staff of ITAT on 01.04.2022.
77
Figure XII 4:
Inauguration of New office premises at Raipur Bench
Figure XII 5:
Orientation and Training of New Members of Income Tax Appellate Tribunal
at New Delhi on 07 February, 2022
78
At the following stations, pieces of land have been purchased by ITAT for construction of
office-cum-residential buildings:-
1. Pune: Construction of Training Centre, Guest House and Staff Quarters at Akurdi is
underway.
2. Lucknow: The Construction of office-cum-residential building of ITAT, Lucknow
Benches, Lucknow is in full swing.
3. Guwahati: ITAT has purchased 1 Bigha, 3 Katha, 1 Lessa at Fancy Bazar, Uzanbazar,
Guwahati from Central Inland Water Transport Corporation (CIWTC).
4. Kolkata: The WBHIDCO Ltd. has allotted 1.25 Acres of leasehold land at Financial and
Legal Hub.
5. Ahmedabad: A land admeasuring 11,559 sq mts has been allotted for the construction
of office building/Staff Quarters for ITAT, Ahmedabad Benches.
6. Delhi: The construction of office building of the ITAT, Delhi Benches, Delhi by the NBCC
India Ltd. in Tower ‘B’ at World Trade Center, Nauroji Nagar, New Delhi is in full swing.
7. Raipur: An Office Space admeasuring 8730 sq.ft. area in the newly constructed
GPOA Building at Naya Raipur (Atal Nagar), Chattisgarh has been allotted to the
ITAT, Raipur Bench.
79
The OLICs of the concerned Bench monitor progress in achieving the targets set
for Hindi correspondence and implementation of Official Language Policies. The Head
Office at Mumbai regularly scrutinizes periodical reports on the progressive use of Hindi
forwarded by the Benches. Training in Hindi, Hindi Typing and Hindi Stenography is
offered by nominating sufficient number of officials under the Hindi Teaching Scheme of
the Department of Official Language, Government of India.
Hindi workshops were also held in all the Benches for proper implementation of the
Official Language policy. Sufficient funds were provided to purchase Hindi Books at all
the Benches. All offices of the Income Tax Appellate Tribunal were instructed to make
expenditure towards purchase of Hindi Books (i.e. 50% of total library grant) according to
the Official Language policy and in accordance with the targets fixed by the Department
of Official Language, Government of India.
With a view to create awareness on the use of Hindi in official work as well as to
accelerate the pace of its progressive use, Hindi Day and Hindi Fortnight were organized
at all Benches.
An Annual Magazine “Srijan” is published at the Income Tax Appellate Tribunal, Mumbai.
It contains articles, stories, poems and travelogues written by Members, Officers and
employees of various Benches of ITAT.
80
Table XII-5:
Category wise ITAT Staff Statistics
81
Table XII-6:
ITAT Female Employee Statistics
82
BACKGROUND
Law Commission of India is constituted every three years by a notification of the
Department of Legal Affairs, Ministry of Law and Justice, Government of India with
definite Terms of Reference to carry out research in the field of law. The Commission
makes recommendations to the Government according to its mandate.
The 22nd Law Commission was constituted vide Notification dated 21.02.2020 for a
period of three years. The Central Government appointed Justice Ritu Raj Awasthi, Retired
Chief Justice, Karnataka High Court as the Chairperson of the 22nd Law Commission
along with three Full-time Members and two Part-Time Members.
The full time members of the Commission are: Justice K.T. Sankaran, Retired Judge of
the Kerala High Court, (Prof.) Dr. Anand Paliwal, Professor Mohanlal Sukhadia University,
Udaipur and (Prof.) Dr. D.P. Verma, Former Head and Dean, Law School, BHU and Former
Additional Director, National Judicial Academy, Bhopal.
The Part-Time Members of the Commission are: Shri M. Karunanithi, Advocate, and
(Prof.) Dr. Raka Arya, Professor of Political Science at National Law Institute University,
Bhopal. The Commission also comprises of two ex-officio Members, namely, the Law
Secretary and the Legislative Secretary, and one Member Secretary. The Commission is
assisted by Law Officers of Indian Legal Service. Besides, Officers of CSS and CSSS deal
with the administration.
VISION
Making recommendations for reforming the laws for fostering justice in society and
promoting good governance under the rule of law.
ROLE
The task of the Law Commission of India, inter alia, include review of obsolete laws,
to examine the laws which affect the poor and carry out post-audit for socio-economic
legislations, to keep under review the system of judicial administration to ensure that it is
responsive to the reasonable demands of the times and in particular to secure elimination
of delays, speedy clearance of arrears and reduce costs so as to secure quick and
economic disposal of cases, to examine the existing laws in the light of Directive Principles
of State Policy and to suggest ways for improvement, reform and also to suggest such
legislations as might be necessary to implement the Directive Principles and to attain the
objectives set out in the Preamble to the Constitution, to examine the existing laws with a
view to promote gender equality and suggest amendments thereto, to revise the Central
Acts of general importance so as to simplify them and to remove anomalies, ambiguities
and inequities, to examine the impact of globalization on food security, unemployment
and recommend measures for the protection of the interests of the marginalized.
83
Justice Prof. (Dr.) Shri Prof. (Dr.) Dr. Niten Chandra Dr. Reeta Vashishtha,
K.T. Sankaran D.P. Verma S.M. Karunanithi Raka Arya Law Secretary Secretary,
(Additional Charge of Legislative Department
Member Secretary, Law
Prof. (Dr.) Anand Paliwal Commission of India)
ADMINISTRATION
84
(a) References received from the Central Government and/or from Supreme Court of
India and High Courts.
(b) Suo motu Cognizance: Keeping in view the importance of the subject matter, the
Commission may initiate study on specific subjects.
Discussion at Commission meetings during this period helps not only in articulating
the issues and focusing on the research, but also in evolving a consensus among the
Members of the Commission. A working paper outlining the problem and suggesting
matters deserving consideration emerges out of this preparatory work in the Commission.
The success of the Commission’s work in law reforms is dependent upon its capacity
to consult the widest section of the people and collect data, views/suggestions, and
inputs from the public and concerned interest groups.
At times, the working paper is sent out for circulation among the public and concerned
interest groups/stakeholders with a view to elicit comments. Usually, a carefully prepared
questionnaire is sent to interest groups/stakeholders.
The Law Commission makes every effort to ensure that the widest sections of people
are consulted in formulating proposals for law reforms. In this process, the Commission
involves professional bodies and academic institutions. Seminars and workshops are
organised to elicit critical opinions on proposed strategies for reform. The Commission
always welcomes suggestions from any person, institution, or organization on the issues
under consideration.
Final Report: Once the data and suggestions are assimilated, the Commission evaluates
them, and the information is used for appropriate incorporation in the report which is
written under the guidance of the Chairperson and Members of the Commission. It is
then subjected to scrutiny by the entire Commission in a meeting. Once the Report and
summary are finalised, the Commission may decide to prepare a draft amendment or a
new Bill which may be appended to its Report. Thereafter, the final report is submitted to
the Central Government for consideration.
Follow-up: The Reports of the Law Commission are laid before the Parliament from time
to time by the Department of Legal Affairs, Ministry of Law and Justice and forwarded to
the concerned administrative Departments/Ministries for implementation. They are acted
upon by concerned Departments/ Ministries depending on the Government's decision.
Invariably, the reports are cited in Courts, Parliamentary Standing Committees, and in
academic and public discourses.
85
Figure XIII-1:
Number of Male and Female Employees in the
Law Commission of India (in percentage)
Male Female
18%
82%
A total number of 37 employees are employed in the Law Commission, out of whom
seven are female employees (i.e. 18%) and the rest are male employees (i.e. 82%).
RIGHT TO INFORMATION
The Right to Information Act, 2005 is strictly adhered to in the Law Commission of
India. A large number of online/offline applications are received seeking information on
various issues pertaining to Law Commission’s projects under study, reports submitted
by earlier Law Commissions and on administrative matters. During the year, 490 RTI
applications seeking information under the said Act were received, which were promptly
attended to by giving due reply to the applicants according to the provisions of the Right
to Information Act, 2005 and the rules made thereunder. 17 First Appeals were preferred
before the First Appellate Officer by the applicants which were duly disposed on merits.
One Second Appeal was filed before the Central Information Commission and the same
was dismissed.
86
PUBLIC GRIEVANCES
The Centralized Public Grievance Redress and Monitoring System (CPGRAMS) is an
online web-enabled system developed by NIC in association with the Department of
Administrative Reforms and Public Grievances, with an objective of speedy redress
and effective monitoring of grievances by Ministries/Departments/Organizations of the
Government of India. This year, few public grievances were received from PMO and
through the online portal which were addressed by the Public Grievance Officer of the
Commission.
BUDGET
The total budget allocated to the Commission for the financial year 2022-23 is ₹7.7 Crore.
HIGHLIGHTS
1. Technological Advancement: The website of the Law Commission of India was
upgraded from HTML to content management framework (CMF) S3WAAS based
module. This had enabled the Commission to make available to the citizens the
information of the Law Commission in bilingual form i.e. both in English and Hindi.
The content audit of the website was also accomplished. In the Law Commission
of India, e-Office has been implemented, thereby doing away with physical file
movement. Special steps have been taken to impart training to all officials for smooth
implementation and optimal utilization of e-Office. The software ‘LIMBS’, developed
by NIC, is also functional in the Law Commission of India. The matters pertaining to
the Law Commission are duly updated in the said portal.
2. Swachhta Campaign: Cleanliness Drive under the “Special Campaign 2.0” was
conducted at the Law Commission of India. Under the said campaign, during
September 2022, old files/records were reviewed according to the Record Retention
Schedule issued by the Department of Administrative Reforms and Public Grievances
for weeding out or otherwise retaining the reviewed files, thereby cleaning up the
office. 231 files were reviewed, out of which 90 files were weeded out. The old,
obsolete/unserviceable items, such as furniture, ACs, e-waste, old vehicles etc. were
auctioned and 308 sq. ft. of space was created in the office.
4. On 21 June 2022, the 7th International Yoga Day was celebrated at the Law
Commission of India by organising yoga camp, whereby yoga T-shirts and yoga mats
were distributed for encouraging everyone to practice and adopt Yoga. A yoga expert
was invited for a practical session and meditation.
87
8. Weeding out of records: Physical files and records were reviewed and old records/
files were weeded out under special campaign and approximately 200 sq. ft of space
was created in the office.
88
BRIEF BACKGROUND
T
he Indian Law Institute (ILI) was established in 1956 for the promotion of legal
research. It was granted a ‘Deemed University’ status in 2004 vide notification of the
Ministry of Human Resource Development, Government of India. It was accredited
with an ‘A’ Grade (CGPA 3.35 out of 4.00) by NAAC in 2017 and completed its first cycle of
accreditation. It is an autonomous body registered under the Societies Registration Act,
1860. The autonomous character of the Institute ensures academic freedom to carry out
its objectives and meaningful research.
Figure XIV-1:
Indian Law Institute
89
MISSION
The key features of the mission of the Institute are as follows:
i. To cultivate and promote the science of law;
ii. To bring substantial reforms in the administration of justice; and
iii. To meet the socio-economic aspirations of the general masses through law and its
instrumentalities.
BROAD OBJECTIVES
The objectives of the Institute are as follows:
i. To promote the universalization and systematization of law;
ii. To encourage and conduct research in legal and its allied fields;
iii. To disseminate legal knowledge and its principles;
iv. To publish studies, treatises, books, periodicals, reports, and other literature relating
to law and allied fields;
v. To undertake documentation of significant legal and allied materials;
vi. To maintain libraries;
vii. To constitute regional offices at convenient centres across the nation for the promotion
of institutional activities.
FUNCTIONS
The Indian Law Institute imparts legal education and encourages research activities
in various fields of law. It holds various workshops/training programmes/ conferences/
awareness programmes in the area of law and its applicability for larger societal
requirement. It is also associated with various national/international organisations/
institutions for dissemination of legal thoughts and development of newer dimensions
of law.
ACADEMIC PROGRAMMES
The Institute introduced its LL.M. (One Year, full-time) programme from the academic
session 2013-2014. The one-year LL.M. programme is designed to facilitate scholars
with a comparative understanding of legal systems and the concept of ‘justice’ in the
globalized world. The LL.M. programme covers vital areas like International Trade
Law, Intellectual Property Rights Law, Criminal Law, Human Rights, and Judicial
Administration. The publication of scholarly research papers is an integral part of this
course. It helps scholars to acquire sufficient teaching and research skills for pursuing
a career in academics and research.
90
Figure XIV 2
Academic Programmes offered by the Institute
LLM
(One Year-
Full Time)
Alternate
Dispute
Resolution
RESEARCH ORIENTED PROGRAMME
Ph.D
Cyber Law
Intellectual
Property
Rights Laws
91
Figure XIV 3
Strength of Scholars in the Academic Year 2022-23
LLM Ph.D PG Diploma Courses
14%
2%
84%
A total of 38 (14%) and 5 (2%) scholars are enrolled in LL.M. and Ph.D. programmes
respectively. Further, a total of 222 (84%) scholars are enrolled in P.G. Diploma Courses.
GENDER REPRESENTATION
The percentage share of employees employed in the Institute is mentioned below:
The total number of female employees employed in the Institute is 14 (32%) and the total
number of male employees is 30 (68%).
Figure XIV 4
Percentage share of Male and Female employees
Male Female
32%
68%
92
BUDGET
The budget of the Institute for the Financial year 2023-2024 is ₹1130 lakhs.
93
94
ABOUT
T
he Central Agency Section (‘CAS’) was established in 1950. This office is responsible
for conducting litigation before the Supreme Court of India on behalf of all Ministries/
Departments of the Central Government, National Capital Territory of Delhi, Union
Territories, the office of the Comptroller and Auditor General of India (‘CAG’) and all field
offices under the CAG. Special Leave Petitions and appeals are to be filed through the
Central Agency Section after obtaining the opinion of Law Officers on the feasibility of
filing such petitions or appeals in the Supreme Court. This Section functions from the
Supreme Court Compound, New Delhi.
Figure XV 1:
Central Agency Section
95
Supervision of Processing of
Litigation references
Figure XV-3:
Percentage Share of Male and Female Employees
4%
Male
Female
96%
96
Payment of Fees
Counsel Fee: The fee to the Panel Counsels is paid according to the prescribed rates by
the Government. The fee bills submitted by the Panel Counsels are checked and verified
from the proceeding registers maintained by the concerned Government Advocates.
Court Fee: In cases where large amounts of court fees are required to be paid, the
concerned Ministries/Departments make arrangements for payment of court fees
through M/s Stock Holding Corporation of India Limited (SHCIL). For smaller amounts of
court fees, Central Agency Section has entered into an arrangement with SHCIL for the
e-payment of court fees.
Figure XV-4:
Number of Pending, Filed and Disposed Cases
47486
4914
1487
Pending Filed Disposed
Cases Cases Cases
97
98
99
100
T
he Branch Secretariat, Bengaluru has jurisdiction over the States of Karnataka,
Andhra Pradesh, Telangana and Union Territory of Puducherry (with Andhra
Pradesh) in handling litigation and rendering legal advice of various Central
Government Departments/Ministries. An Assistant Legal Adviser heads the Branch
Secretariat, Bengaluru.
Figure XVI 1:
Branch Secretariat, Bengaluru
1.1 ADVICE
The Branch Secretariat renders legal advice to all the Central Government Departments
and offices located within its jurisdiction. 756 references were received for legal advice.
The advice work includes scrutiny and vetting of pleadings i.e., statement of objections,
counter affidavits to be filed before the High Courts i.e., High Court of Karnataka,
Bengaluru (including Benches at Dharwad and Kalaburagi), High Court of Telangana at
Hyderabad and High Court of Andhra Pradesh at Amaravati, reply statement filed before
Central Administrative Tribunals at Bengaluru and Hyderabad, written statement, counter
affidavits filed before District Courts and various other Tribunals. The advice work also
includes examining the feasibility of filing SLP, Appeals, review etc. interpretation of laws
guiding Departments on legal sustainability of their action and holding discussions with
the administrative Departments, whenever necessary.
101
Figure XVI-2:
Employees performing Yoga Asanas on the occasion of International Yoga Day
102
The significance of performing yoga was discussed along with the benefits associated
with it. All the employees were encouraged to incorporate the same in their respective
daily routine.
Figure XVI-3: Deputy Director of the Hindi Teaching Scheme, Ministry of Home
Affairs, Bengaluru distributing prizes to the winner of Competition
103
104
Figure XVI-5:
Branch Secretariat, Chennai
2.1 ADVICE
The Branch Secretariat renders legal advice to all Central Government Offices located in
the States within its jurisdiction. 956 references were received for advice, which
were disposed.
105
106
Figure XVI-6:
Branch Secretariat, Kolkata
3.1 ADVICE
The Branch Secretariat, Kolkata renders legal advice to various Ministries/Departments
within its jurisdiction. However, Central Government Ministries/Departments located
outside the jurisdiction of Branch Secretariat, Kolkata also approach Branch Secretariat
for advice in matters pertaining to Court cases within the Branch Secretariat, Kolkata’s
jurisdiction. A total of 1658 references were received for advice.
107
3.7 AUDIT
The last audit of the Branch Secretariat, Kolkata was conducted by an Audit Party from
the Office of the Director General of Audit Central, Kolkata with effect from 05.05.2022
to 13.05.2022. During the course of the periodical inspection of accounts by the Audit
Party, five objections were raised by the Audit Party. Action is in progress to settle the
paras of audit objection. Since the action on the outstanding six audit objections made
by the Audit Party during the audit from 01.04.2016 to 31.03.2018, was completed hence,
the present audit party dropped the said objection.
108
109
3.9 EVENTS
Observation of Hindi Month: Hindi workshops and quarterly meetings of Rajbhasha
Coordination Committee were organised. Employees have obtained working
knowledge of Hindi under the Hindi Teaching Scheme. Reference notes have been
prepared and distributed among Sections for doing regular office work in Hindi. ‘Hindi
Pakhwada’ was observed in the Branch Secretariat from 14th to 29th September,
2022. The theme of this year’s ‘Hindi Pakhwada’ was Þi<+uk gS] i<+kuk gSA lcdks fl[kkuk gS]
fgUnh Hkk"kk dks vkxs c<+kuk gSß ‘Hindi Diwas’ was also celebrated on 14th September, 2022,
which was attended by the Head of Office and Junior Translation Officer of this office
at Surat. Various steps are being taken for implementation and propagation of Hindi
in the day to day functioning of the Branch Secretariat.
SPECIAL CAMPAIGN 2.0/ SWACHHATA PAKHWADA: 2203 files have been reviewed
for weeding out during the Special Campaign 2.0 conducted from 2.10.2022 to
16.10.2022, according to the guidelines of the Department of Administrative Reforms
and Public Grievances in this regard. Also, ‘Swachhata Pakhwada’ was organised in the
Branch Secretariat during 1st April, 2022 to 15th April, 2022. Oath of the ‘Swachchta
Pledge’ was taken by the employees on 1st April, 2022.
Common Yoga Protocol (CYP) on 29th April, 2022 with active participation of
the employees was observed. Also, International Yoga Day was observed on
21st June, 2022.
110
Figure XVI-8:
Employees performing yoga during International Yoga Day
on 21st June 2022
111
Figure XVI-9:
Integrity Pledge being administered by In-Charge, Branch Secretariat,
Kolkata on 31st October 2022
‘Rashtriya Ekta Diwas’ was observed on 31st October, 2022 to commemorate the
Birth Anniversary of Sardar Ballavbhai Patel. ‘Rashtriya Ekta Diwas Pledge’ was read
by the employees.
112
Figure XVI-10:
Employees being administered ‘Rashtriya Ekta Diwas Pledge’
by the Incharge of Branch Secretariat
‘Constitution Day’ was observed on 25th November 2022 wherein the employees
read the Preamble to the Constitution. The employees participated in the Constitution
Day Quiz on the website of Department of Legal Affairs.
Figure XVI-11:
Branch Secretariat, Mumbai
113
4.4 ADMINISTRATION
The Senior Government Advocate and In-charge is the head of the Administration of the
Branch Secretariat, Mumbai. He is assisted by DDO and Section Officer in handling the
day-to-day administrative matters of the Branch Secretariat.
The budget and accounts work in this Branch Secretariat is done online using various
software and the “PFMS” portal. All payments are done through PFMS Portal. GeM is
used for procurement of goods, stationeries and other services. Pension cases are also
processed through “Bhavishya” online portal.
4.5 LIBRARY
The Mumbai Branch Secretariat has a library containing more than 14475 books. This
library proves to be very useful for the Officers and staff while tendering advice and
also in litigation matters. The books related to various subjects i.e. various journals, law
books, Swamy Handbook, MoP etc. are regularly purchased for the use of Officers and
staff. During the year, 260 books and 248 Bare Acts were purchased. The Library in this
Branch Secretariat subscribes to 20 journals.
114
115
116
G
lobalization has brought a radical change in the economic and social landscape of
India. In the last seven decades, national and international legal policies and rules
concerning trade and investments have changed. International investment and its
varieties have also undergone substantial transformation in its magnitude and content.
The advent of globalization and the enormous advances made in communication and
information technology have rendered countries interdependent.
INTERNATIONAL ARBITRATION
BIPAs1/BITs2/CEPA3/CECA4
BIPAs/BITs/CEPA/CECA are agreements laying down the methodology of dispute
resolution between foreign investors and the Government of India within the
framework of our domestic laws.
INTERNATIONAL ACTIVITIES
The Department of Legal Affairs participated in the following events and negotiations:
1. Review of the FTA/CECA signed between India and Korea during 3-4 November, 2022
at Seoul, South Korea.
2. Evidentiary hearing at London during 14-15 November, 2022 at London in the matter
of GPIX v. Union of India and assisted counsels.
1
Bilateral Investment Promotion and Protection Agreement (BIPAs)
2
Bilateral Investment Treaties (BITs)
3
Comprehensive Economic Partnership Agreement (CEPA)
4
Comprehensive Economic Cooperation Agreement (CECA)
117
BACKGROUND
The Shanghai Cooperation Organization (SCO) is an eight-member multilateral
organization, established on 15 June 2001 at Shanghai, China by the leaders of the
Republic of Kazakhstan, the People's Republic of China, the Kyrgyz Republic, the Russian
Federation, the Republic of Tajikistan and the Republic of Uzbekistan.
SCO has two Permanent Bodies - (i) SCO Secretariat in Beijing and (ii) Executive
Committee of the Regional Anti-Terrorist Structure (RATS) in Tashkent. The Chairmanship
of SCO is by rotation for a year by Member States.
The official working languages of the Shanghai Cooperation Organization are Chinese
and Russian.
118
As part of various forms of discussion within the multilateral framework of the SCO, the
meeting of the Prosecutors General of SCO Member States is held every year. The forum
is, inter alia, utilized by the SCO Member States to discuss and exchange experiences
in the Prosecutors Office of the SCO Member States, modern practices and effective
mechanisms for countering and combating corruption. In the past, after becoming a full
member, India participated in the 15th, 16th, 17th, 18th, 19th and 20th meeting of the Prosecutors
General during 2017-2022.
The 20th Meeting of the Prosecutors General of the Shanghai Cooperation Organisation
(SCO) Member States was held on 23 September 2022 in Astana, Kazakhstan. The Indian
Delegation attended the meeting in Astana, Kazakhstan virtually under the leadership of:-
(i) Shri Tushar Mehta, Solicitor General of India, Department of Legal Affairs.
(ii) Dr. Anju Rathi Rana, Additional Secretary, Department of Legal Affairs.
Figure XVII-1: Shri. Tushar Mehta, Solicitor General of India, Department of Legal
Affairs and Dr. Anju Rathi Rana, Additional Secretary, Department of Legal Affairs
attended the meeting from the Indian side
119
Table XVII-1:
Details of Foreign Visits undertaken by the Minister of Law and Justice and
Officials of the Department of Legal Affairs and Law Officers
Name and
S.No. Country Name Purpose of visit and duration.
Designation
Dr. Reeta Vasishta, Through To attend the round table organized by the
2 Secretary, then Law video- Prosecutors General Office of the Russian
Secretary conferencing Federation on 14th April, 2022
At the
Sh. Suryaprakash V. residence of Meeting between Russian Deputy Prosecutor
4 Raju, Additional Solicitor Additional General and Additional Solicitor General for India
General Solicitor on 22 October, 2022
General
120
Shri K.M. Nataraj, To attend the Fourth Cycle of the Universal Periodic
Geneva,
5. Additional Solicitor Review of India, 2022 from 8th to 11th November,
Switzerland
General of India 2022
121
ral
122
Dr. R.J.R. Kasibhatla, Paris, France To attend the meeting of the Task Force on Digital
18.
Additional Legal Adviser Economy from 27th Feb-1st March, 2023.
123
The Department of Legal Affairs, being the nodal Department, enters into Mutual Legal
Assistance Treaties (MLATs) in Civil and Commercial matters with foreign countries.
The Mutual Legal Assistance Treaties in civil and commercial matters with the Republic
of Bulgaria and the Islamic Republic of Iran were ratified on 29.07.2022 and 18.10.2022
respectively.
124
XVIII: ACHIEVEMENTS
AND MAJOR HIGHLIGHTS
I
n order to assess progress made and to identify bottlenecks in implementation,
the Department of Legal Affairs set up a Monitoring and Evaluation Section. The
Section aids decision-making towards achieving planned goals in a structured
manner. The aim of this Section is to systematically ensure that relevant progress
and performance information is collected, processed and any deviation or shortfall is
analyzed on a regular basis to allow for real-time, evidence-based decision-making
and to achieve targets in a time-bound manner.
During the Special Campaign 2.0 on Swachhta, the Department focussed on efficient
handling of pending references, parliamentary assurances, public complaints, record
management, Swachhta/Cleanliness Drive, disposal of scrap, and weeding out of obsolete
files. Special drives to promote the ideals of ‘Swachhta’ were carried out by designating
11 specific spots, including the Notary Cell, Central Agency Section, Tis-Hazari, Litigation
Section (High Court), four Branch Secretariats, Law Commission of India, and NDIAC.
Adhering to Digital India's best practices, the Department of Legal Affairs successfully
reviewed physical as well as e-files to ensure efficient record management. 27,927 files
have been scanned under the Special Campaign 2.0.
To improve service delivery system, 2,719 Public Grievances and Appeals were
redressed. As part of the Special Campaign 2.0, 2500 sq. ft. space was freed. For
paperless management, e-Office 7.0 was implemented.
125
6 MP’s References 7
9 PMO ID’s 02
January
11 Pending Parliamentary Assurances December 2022
2022
Lok Sabha 42 07
Rajya Sabha 33 08
Total 75 15
Cleanliness drive was initiated in the library of Department of Legal Affairs by Library
and Research Section with the help of Young Professionals and Law Interns. It was
successfully concluded with weeding out of 15000 old books not in use and 22 dilapidated
racks resulting in creation of vacant space.
In the Central Agency Section, old records were identified and 21,865 kg of waste
paper, 3860 kg of iron scrap and 2900 kg of gatta were weeded out which resulted in
creation of extra space of 4500 sq. ft. ₹13,67,430 was contributed to the Government
exchequer by sale of scrap and waste paper.
Pictures, and a short film on the initiatives undertaken by the Department during
the Special Campaign 2.0 were posted on all social media handles under the hashtag
#SpecialCampaign2.0.
126
127
Public procurement forms a very important part of Government activity and reform in
Public Procurement is one of the top priorities of the Government. GeM transforms the
way in which procurement of goods and services is done by the Government Ministries
and Departments, Public Sector Undertakings and other apex autonomous bodies of the
Central Government.
GeM is a paperless, cashless and system driven e-market place that enables
procurement of common use goods and services
The Department of Legal Affairs switched to this paperless, cashless E-Market place i.e.
the GeM Portal from this year, for procurement of all products, goods and services with
minimal human interface. It is an initiative by the Department towards more transparency
and accountability in its procurement function.
Out of the blocked amount of Budget for the financial year 2022-23 of ₹ 5,27,07,252;
the amount spent through Gem Portal is ₹5,09,94,587 and the balance amount of
blocked budget is ₹17,12,665.
Table XVIII-2:
Data for the Financial Year 2022-2023
128
Table XVIII-3:
Number of Interns in 2022-2023
TOTAL 241
The Department of Legal Affairs, while offering internships, ensures that gender equality
is maintained
129
20 22 22
20 18
18
15 16
10 13 13 13
12 11 12 11
9 10
8
5
6 7
0
JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY MARCH
MALE FEMALE
The Department of Legal Affairs felicitates every batch of law students on the
successful completion of their internship at Shastri Bhawan, New Delhi.
130
Feedback received from the Interns at the Department of Legal Affairs, post successful
completion of their Internship: -
The Department of Legal Affairs, while hiring interns also ensures that equal opportunity
is given to law students from all the recognized Universities across the country. In the
last six months, students from various Universities have been a part of the Internship
Programme of the Department of Legal Affairs. Some of these are mentioned below:-
131
YOUNG PROFESSIONALS
The Department of Legal Affairs invites applications to the position of ‘Young Professionals’
on contract basis for providing professional services in specific spheres of law. The Young
Professionals are accorded the status of an independent Consultant. The Department
hired 29 Young Professionals.
Young Professionals work as an in-house talent pool and undertake research and
analysis work. They assisted the Department in the work of repeal of obsolete laws, and
amendment of pre-Independence laws. They helped in the organisation of the All India
Conference of Law Ministers and Law Secretaries held at Gujarat this year.
Figure XVIII 6:
Young Professionals'
132
133
134
Social Media Cell raises awareness about the Department of Legal Affairs by utilizing
social media platforms i.e. Twitter, Instagram, LinkedIn, Koo, Facebook and YouTube.
Activities range from social media posts covering international and national days of
importance, highlighting achievements and on going successful activities conducted
by DoLA, in addition to running informative campaigns for wider outreach.
Some of the campaigns and activities duly highlighted by the Social Media Cell include:
Figure XIX-2: Minister of Law & Justice Shri Kiren Rijiju at Dong Valley, Arunachal
Pradesh and Minister of State for Law & Justice Professor S.P. Singh Baghel at
Nainital, Uttarakhand on International Yoga Day
135
136
Figure XIX-4:
Digital India Week – NOAP and LIMBS
137
138
139
Figure XIX-8:
National Sports Day at Shastri Bhawan, New Delhi
140
Figure XIX-9: Minister of Law & Justice Shri Kiren Rijiju and Minister
of State for Law & Justice Professor S.P. Singh Baghel at LIMBS-FAB
launch at Udaipur, Rajasthan
141
142
Figure XIX-12:
ITAT Online Application Portal
143
144
145
Figure XIX-16: British High Commissioner to India, H.E. Mr Alex Ellis with Law
Secretary Dr. Niten Chandra, Officers and Staff of Department of Legal Affairs,
Shastri Bhawan, New Delhi
146
Figure XIX-17:
Special Campaign 2.0 at Department of Legal Affairs
147
Figure XIX-19:
Online Interview for Notaries held at the Department of Legal Affairs
148
Figure XIX-20: Minister of Law & Justice Shri Kiren Rijiju, Minister of State for Law &
Justice Professor S.P. Singh Baghel with Officers from Ministry of Law & Justice at
Law Ministers and Law Secretaries Conference, Kevadia, Gujarat
The Centre, the States and the Union Territories discussed and deliberated on making our
legal system more accessible, affordable and citizen friendly. A variety of topics relating
to the Indian legal system were also discussed, and it gave an opportunity for the States
and Union Territories to exchange their best practices that can serve to upgrade the
overall legal system of the country in the interests of its citizens, particularly the weaker
sections of the society, thereby empowering them to create an inclusive and vibrant new
India. Live coverage, social media postings and videos of the event and views of Law
Ministers from across the nation.
149
Figure XIX-21:
Montage on Ayurveda Day, 2022
Figure XIX-22: Minister of State for Law & Justice Professor S.P. Singh Baghel
and Officers of Ministry of Law & Justice at Fit India Freedom Run 2022,
India Gate, New Delhi
150
Figure XIX-23: Officers and staff of Department of Legal Affairs observing Vigilance
Awareness Week, Shastri Bhawan, New Delhi
151
Figure XIX-25:
Cyber security workshop at the Department of Legal Affairs
152
153
Figure XIX-28: Minister of Law & Justice Shri Kiren Rijiju endorsing the pledge to
abide by the Constitution of India
154
Figure XIX-30:
Minister of State of Law & Justice Professor S.P. Singh Baghel at Rozgar Mela
155
156
Figure XIX-32:
Nukkad Natak performance at Shastri Bhawan, New Delhi
157
Figure XIX-34:
Minister of Law & Justice Shri Kiren Rijiju with Minister of State for Law & Justice
Professor S.P. Singh Baghel and Law Secretary Dr Niten Chandra attending the
9th Meeting of the Ministers of Justice of SCO Member States
158
159
Figure XIX-37: Minister of Law & Justice Shri Kiren Rijiju at the Observation of
International Year of Millets 2023, at Dr. Ambedkar International Centre, New Delhi
160
Figure XIX-38:
A glimpse of the video posted on social media on National Girl Child Day
161
Figure XIX-40:
Poster on International
Day of Women & Girls
in Science
162
Figure XIX-41:
Poster on World Day of Social Justice
163
164
Figure XIX-44:
Poster on National Science Day
165
166
167
168
169
Young law students are given an opportunity to work in various Sections of the
Department of Legal Affairs under a month-long internship. The interns receive exposure
to conduct of government business and mentored on several aspects of law, policymaking
and implementation.
170
171
172
173
174