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Without a doubt, the Ministry in charge of the judiciary, one of the primary branches of government, cannot be run by a
Arjun On May 18, 2023, Ram Meghwal took Kiren Rijiju's post as the Modi government's Minister of Law and Justice. In contrast to his predecessor, who was a member of the Union Cabinet, Meghwal was appointed Minister of State (Independent Charge).
According to Article 74 of our Constitution, the prime minister has the authority to select his ministers, their ministries, and the position that each minister would occupy. Depending on their rank, union ministers fall into one of three groups. The highest-ranking minister in charge of a significant ministry, such as finance or home, is a union cabinet minister. Despite not having the status of a cabinet minister, a Minister of State (I/C) is in control of a ministry independently. No Union Cabinet Minister is the person to whom he reports. A junior minister who answers to a MoS (I/C) or a Union Cabinet Minister is known as a Minister of State.
Compared to a Minister of State and a Minister of State (I/C), a Union Cabinet Minister is a higher ranking official. When called upon by the prime minister, a Union Cabinet Minister attends every Union Cabinet meeting. In contrast, a MoS (I/C) does not serve in the Union Cabinet and only attends meetings that are relevant to his ministry or when the Prime Minister calls them.
Given that the Ministry of Law and Justice is currently led by a minister rated as a Minister of State (I/C), can it be said that it does not have the same significant influence over legislation and decision-making as the Ministry of Finance?
Without a doubt, a minister with the status of MoS (I/C) cannot lead the ministry that oversees the judiciary, one of the primary branches of government.
The largest litigator in India is the Government of India. The Government of India or the state government is typically the petitioner or respondent when the National Judicial Data Grid displays those startling figures, primarily in terms of pending cases in our nation's courts.
The Law Ministry receives recommendations for the appointment of judges to the Supreme Court of India and other High Courts of India from the Collegium led by the Chief Justice of India. The President of India then approves the suggestions after consulting with the Law Minister and other key players. The Chief Justice of India and the Law Minister frequently discuss relevant matters pertaining to the enhancement of the judiciary at all levels of the nation.
The Law Ministry is one of the ministries whose function is listed in the Government of India (Allocation of Business) Rules of 1961. The Ministry is crucial in helping other ministries create laws that don't contravene any constitutional provisions. The Attorney General for India manages the Union government's cases in the Supreme Court of India and routinely collaborates with the Ministry.
The Ministry also carries out the crucial task of drafting bills, which includes the work of the draftsmen in parliamentary select committees, drafting and issuing ordinances and regulations, enacting State Acts as President's Acts when necessary, and reviewing statutory rules and orders.
The Ministry of Law and Justice is perhaps the oldest branch of government, having been established by the British government in pre-independence India through the Charter Act of 1833. From July 24, 2000, to July 1, 2002, Arun Jaitley served as Prime Minister Atal Bihari Vajpayee's Law Minister. Prior to becoming a Union Cabinet rank minister with the same Ministry, he served as a Mos (I/C) in the Ministry till November 7, 2000. Vajpayee may have believed that Jaitley should be promoted to cabinet minister in addition to being a senior member of the BJP and a Senior Advocate handling a crucial portfolio.
Arjun Ram Meghwal is one of the five MoS (I/C) ranks in the present Union cabinet. It is crucial that the Ministry of Law and Justice have a permanent Union Cabinet status, similar to that of the Finance or Home Ministries, given the duties it carries out and the significance it plays in its legislative and judicial activities. It is only fitting that it is a permanent member of the Union Cabinet.
Given the significant tasks the Ministry carries out and the opportunity to support and counsel the Union Council of Ministers in its decision-making, the minister, whoever they may be, deserves a permanent seat in the Union Cabinet.
Shayan Bisney is a lawyer who serves in both the Supreme Court of India and the State of Telangana's High Court.
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