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Legal Affairs

Dr. Brahm Avtar Agrawal
Secretary

Vision

To provide perfect Indian legal standards by way of interpretation of law and facilitate legislation so that rule of law prevails in governance, conduct of business, resolution of disputes and interaction between State and individual and for helping in achieving the aspirations of the Twelth Fifth Year Plan: Faster, sustainable and more inclusive growth.

Mission

To ensure all Government Departments/Ministries/State agencies have competent legal advice available to them at the time of formulation of legislation, policies, schemes, rules, regulations etc., resolving disputes or discharging day-to-day functions so that the powerful engines of governance remain within the legal framework; To transform Government into an efficient and responsible litigant; To bring reforms in the Indian Legal System to achieve expansion, inclusion and excellence in Legal Education, the Legal Profession and legal services, including the Indian Legal Service (ILS) to respond to the unmet legal needs of society. To reform laws and to implement the National Litigation Policy to reduce arrears of cases in the courts. To develop a system towards creating legal professionals so that they can meet future challenges not only for India but also of the world both in litigation and non-litigation field and to focus on their social responsibility and strong professional ethics. To involve members of the Bar, the Judiciary and other partners in social transformation, social justice and inclusive and sustainable development. Having relisased the aspirations of the Twelfth Five Year Plan, Constaints such as enormous litigation (3.3 cr.), consequent burden on the public exchequer or on resources including man power and need to confer wide discretionary powers on government authorities, our mission is aimed to have proper legal framework to chanalise administrative power, conflict management, help inforcing rule of law & achieving the objectives set by various wings of government.

Departmental Website

 

The Department has been allocated the following items as per the Government of India {Allocation of Business} Rules, 1961.
 
a.) Advice to Ministries on legal matters including interpretation of the Constitution and the laws, conveyancing and engagement of counsel to appear on behalf of the Union of India in the High Courts and subordinate courts where the Union of India is a party.
b) 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.
c) Conduct of cases in the Supreme Court and the High Courts on behalf of the Central Government and on behalf of the Governments of States participating in the Central Agency Scheme.
d) 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.
e) Authorization of officers to execute contracts and assurances of property on behalf of the President under Article 299(1) of the Constitution, and authorization of officers to sign and verify plaints or written statements in suits by or against the Central Government.
f) Indian Legal Service.
g) Treaties and agreements with foreign countries in matters of civil law.
h) Law Commission.
i) Legal Profession including the Advocates Act, 1961 (25 of 1961) and persons entitled to practice before High Courts.
j) 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.
k) Administration of the Notaries Act, 1952 (53 of 1952)
l) Income-tax Appellate Tribunal.
m) Appellate Tribunal for Foreign Exchange
n) Legal aid to the Poor.
  1. To facilitate the functioning of Ministries and Departments for good governance by providing legal advice/opinion relating to matter referred to them as well as examination of legislative proposals
  2. Provide legal framework/advice for conveyancing
  3. To render professional legal service efficiently in the conduct of cases on behalf of Union of India in the courts and Tribunals
  4. To effectively administer the Acts under the purview of this Department, viz., the Advocates Act, 1961, the Notaries Act, 1952, the Legal Services Authorities Act, 1987 and the Advocates Welfare Fund Act, 2001.
  5. To undertake law reforms as per the requirement
  6. Strengthening mechanism for reducing litigation and settlement of disputes by Alternative Dispute Resolution (ADR) methods.
  7. Administration of Indian Legal Service.
  8. To develop a comprehensive e-governance solution for Central Agency Section and IT enabled transformation of the Department of Legal Affairs.
  9. Providing free legal aid to the poor.
  10. Efficient Functioning/of the RFD System
  11. Improving Internal Efficiency/responsiveness/service delivery of Ministry/Department
  12. Ensuring compliance to the Financial Accountability Framework
Outcome/ Impact of department/ ministry Jointly responsible for influencing this outcome / impact with the following department (s) / ministry(ies) Success Indicator Unit FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16
1. Tendering Legal advice to various administrative Ministries on legal matters including interpretation of the 
Constitution and various laws, conveyancing and engagement of counsel to appear on behalf of the Union
of India in the High Courts and subordinate courts where the Union of India is a party
Various administrative Ministries/Departments of the Government of India including PMO, Cabinet Secretariat, Lok Sabha Secretariat, Rajya Sabha Secretariat and President Secretariat Timely disposal of the references along with the required legal advice. No.   10737      
2. Conducting litigation in Supreme Court, High Courts and various Tribunals on behalf of the Central 
Government and on behalf of the Government.
Central Agency Section, Judicial Section, Branch Secretariats/Litigations Cells of this department and the Judiciary
Timely filing of SLPs, Writ Petitions and Counter affidavit/Replies before the Supreme Court, various High
Courts and Tribunals and defending the interest of Government of India.
Date          
3. Administration of (i) the Notaries Act, 1952 (53 of 1952), Advocates Act, 1961 and advocates Welfare
Fund Act, 2001;. (ii). National Litigation Policy; (iii). Rajiv Gandhi Advocates Training Programme
Notary Cell, Implementation Cell and Judicial Section of this Department (i) Filling of vacancies of Notary No. 1000 340      
4. Providing free legal aid to Poor.
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down
policies and principles for making legal services available under the Act. In every State, a State Legal Services Committee has been constituted. District Legal Services Authorities and Taluka Legal Services Committees have been constituted in the Districts and most of the Talukas in order to give effect to the
policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the States.
Conduction of Lok Adalats No.   70535      
    Appointing conusels to the poor No.   9.14 Lakhs      

 

Results-Framework Document