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

VISION MISSION & OBJECTIVES

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

OBJECTIVES OF THE LEGISLATIVE DEPATMENT

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

FUNCTIONS of the legislative department

The Legislative Department is mainly concerned with drafting of all principal legislation for the Central Government viz, Bills to be introduced in Parliament, Ordinances to be promulgated by the President, measures to be enacted as President`s Acts for States under the President`s rule and Regulations to be made by the President for Union territories. Department is concerned with election Laws alaongwith with task of dealing with certain matters relating to List III of the Seventh Schedule to the Constitution like personal law, contracts evidence etc besides the responsibility of maintaining up to date statutes enacted by Parliament from time to time.

DOCUMENTS AVAILABLE IN PUBLIC DOMAIN

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

TASKS ON PRIORITY BEFORE THE LEGISLATIVE DEPARTMENT

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

S.

NO

LAW COMMISSION REPORT NO

LAW COMMSION – REPORT NO- TITLE

YEAR

1

1st

1

I-1-Liability of the State in Torts.

1956

2

1st

3

Limitation  Act, 1908

1956

3

1st

5

British Statutes applicable to India.

1957

4

1st

8

Sale of Goods Act, 1930

1958

5

1st

9

Specific Relief Act, 1877

1958

6

1st

13

Contract Act, 1872

1958

7

2nd

15

Law relating to Marriage and Divorce amongst Christians in India.

1960

8

2nd

16

Official Trustees Act, 1913.

1960

9

2nd

17

Report on Trusts Act, 1882.

1961

10

2nd

18

Converts’ Marriage Dissolution Act, 1866.

1961

11

2nd

19

The Administrator-General's Act, 1913.

1961

12

2nd

22

Christian Marriage and Matrimonial Causes Bill,1961

1961

13

3rd

23

Law of Foreign Languages

1962

14

3rd

26

Insolvency Laws

1964

15

3rd

27

The Code of Civil Procedure, 1908.

1964

16

3rd

28

The Indian Oaths Act, 1873.

1964

17

4th

31

Section 30(2) of the Indian Registration Act, 1908-Extension to Delhi.

1967

18

4th

34

Indian Registration Act, 1908.

1967

19

5th

44

The Appellate jurisdiction of the Supreme Court in Civil Matters.

1971

20

6th

46

The Constitution (Twenty-fifth Amendment) Bill,1971.

1971

21

6th

54

The Code of Civil Procedure, 1908.

1973

22

6th

55

Rate of interest after decree and interest on costs under sections 34 and 35, of the Code of Civil Procedure, 1908.

1973

23

6th

57

Benami Transactions.

1973

24

6th

59

Hindu Marriage Act, 1955 and Special Marriage Act, 1954.

1974

25

6th

60

The General Clauses Act, 1897.

1974

26

7th

65

Recognition of Foreign Divorces

1976

27

7th

66

Married Women's Property Act, 1874.

1976

28

7th

67

The Indian Stamp Act, 1899.

1977

29

7th

68

The Powers of Attorney Act, 1882

1977

30

7th

69

The Indian Evidence Act, 1872.

1977

31

7th

70

The Transfer of Property Act, 1882.

1977

32

8th

71

The Hindu Marriage Act, 1955- Irretrievable breakdown of marriage as a ground of divorce.

1978

33

8th

74

Proposal to amend the Indian Evidence Act, 1872 so as to render Admissible certain statements made By witnesses before Commission of Inquiry and other statutory authorities.

1978

34

8th

76

Arbitration Act, 1940.

1978

35

9th

81

Hindu Widows Re-marriage Act, 1856.

1979

36

9th

83

The Guardians and Wards Act, 1890 and certain provisions of the Hindu Minority and Guardianship Act, 1956.

1980

37

9th

86

The Partition Act, 1893.

1980

38

10th

88

Governmental Privilege in Evidence: Sections 123-124 and 162, Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution.

1983

39

10th

89

The Limitation Act, 1963.

1983

40

10th

90

The Grounds of Divorce amongst Christians in India: section 10, of the Indian Divorce Act, 1869.

1983

41

10th

91

Dowry deaths and law reform: Amending the Hindu Marriage Act, 1955, the Indian Penal Code, 1860 and the Indian Evidence Act, 1872.

1983

42

10th

94

Evidence obtained illegally or improperly: proposed section 166A, Indian Evidence Act, 1872.

1983

43

10th

96

Repeal of certain obsolete Central Acts.

1984

44

10th

97

Section 28, Indian Contract Act, 1872: prescriptive clauses in contracts.

1984

45

10th

98

Sections 24 to 26, Hindu Marriage Act, 1955: Orders for interim maintenance and orders for the maintenance of children in matrimonial proceedings.

1984

46

10th

100

Litigation by and against the Government: some recommendations for reform.

1984

47

10th

103

Unfair Terms in Contract.

1984

48

10th

108

Promissory Estoppel.

1984

49

10th

110

The Indian Succession Act, 1925.

1985

50

10th

111

The Fatal Accidents Act, 1855.

1985

51

11th

124

The High Court Arrears- A Fresh Look.

1988

52

11th

130

Benami Transactions: A Continuum.

1988

53

12th

133

Removal of Discrimination against Women in matters relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare Principle.

1989

54

12th

136

Conflicts in High Court Decisions on Central Laws- How to foreclose and how to resolve.

1990

55

12th

139

Urgent need to amend Order XXI, Rule 92(2), Code of Civil Procedure to remove an anomaly which nullifies the benevolent intention of the legislature and occasions injustice to judgement-debtors sought to be benefited.

1991

56

12th

140

Need to amend Order V, Rule 19A of the Code of Civil Procedure, 1908, relating to service of summons by registered post with a view to foreclose likely injustice.

1991

57

13th

144

Conflicting Judicial decisions pertaining to the Code of Civil Procedure, 1908.

1992

58

13th

147

The Specific Relief Act, 1963.

1993

59

13th

148

Repeal of Certain pre-1947 Central Acts.

1993

60

13th

150

Suggesting some Amendments to the Code of Civil Procedure

1994

61

13th

152

Custodial Crimes.

1994

62

13th

153

Inter-Country Adoption.

1994

63

15th

157

Section 52:Transfer of Property Act, 1882 and its Amendment.

1998

64

15th

163

The Code of Civil Procedure (Amendment) Bill, 1997

1998

65

15th

164

The Indian Divorce Act, 1869

1998

66

15th

168

The Hire-Purchase Act, 1972

1999

67

15th

170

Reform of the Electoral Laws

1999

68

15th

   172

Review of Rape Laws

2000

69

15th

174

Property Rights of Women: Proposed Reforms Under the Hindu Law

2000

70

16th

176

The Arbitration and conciliation (Amendment) Bill, 2002

2001

71

16th

178

Recommendations for amending various enactments, both civil and criminal

2001

72

16th

181

Amendment to Section 106 of the Transfer of Property Act, 1882

2002

73

16th

183

A Continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes.

2002

74

16th

185

Review of the Indian Evidence Act, 1872.

2003

75

17th

192

Prevention of vexatious Litigation.

2005

76

17th

193

Transnational Litigation, Conflict of Laws, Law of Limitation.

2005

77

17th

194

Verification of Stamp Duties and Registration of Arbitral Awards.

2005

78

17th

198

Witness Identity Protection and Witness Protection Programmes

2006

79

17th

199

Unfair (Procedural and Substancive) Terms in Contracts

2006

80

18th

204

Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005.

2008

81

18th

205

Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other allied Laws.

2008

82

18th

207

Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving herself acquired property with no heirs.

2008

83

18th

208

Proposal for amendment of Explanation to Section 6 of the Hindu Succession Act, 1956 to include oral partition and family arrangement in the definition of "partition"

2008

84

18th

209

Proposal for omission of Section 213 from the Indian Succession Act, 1925

2008

85

18th

211

Laws on Registration of Marriage and Divorce –A Proposal for Consolidation and Reform.

2008

86

18th

212

Laws of Civil Marriages in India – A Proposal to Resolve Certain Conflicts

2008

87

18th

217

Irretrievable Breakdown of Marriage - Another Ground for Divorce.

2009

88

18th

218

Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction (1980).

2009

89

18th

219

Need for Family Law Legislations for Non-resident Indians.

2009

90

18th

221

Need for Speedy Justice – Some Suggestions.

2009

91

18th

222

Need for Justice–dispensation through ADR etc.

2009

92

18th

223

Need for Ameliorating the lot of the Have-nots - Supreme Court’s Judgments.

2009

93

18th

224

Amendment of Section 2 of the Divorce Act 1869 Enabling Non-domiciled Estranged Christian Wives to seek Divorce.

2009

94

18th

226

The Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a Law for Compensation for Victims of Crime.

2009

95

18th

227

Preventing Bigamy via Conversion to Islam - A Proposal for giving Statutory Effect to Supreme Court Rulings

2009

96

18th

228

Need For Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties to a Surrogacy

2009

97

19th

235

Conversion/reconversion to another religion - mode of proof

2010

98

19th

238

Amendment of Section 89 of the Code of Civil Procedure, 1908 and Allied provisions

2011

99

19th

240

Costs in Civil Litigation

2012

100

19th

242

Prevention of Interference with the freedom of Matrimonial Alliances 2012 (in the name of Honour and Tradition ) : A suggested legal framework

2012

101

20th

246

Amendments to the Arbitration and Conciliation Act, 1996

2014

102

20th

247

Sections 41 to 48 of the Indian Succession Act,1925 –

Proposed Reforms

2014

103

20th

248

Obsolete Laws: Warranting Immediate Repeal (Interim Report)

2014

104

20th

249

Obsolete Laws: Warranting Immediate Repeal (Second Interim Report)

2014

105

20th

250

 Obsolete Laws: Warranting Immediate Repeal (Third Interim Report)

2014

106

20th

251

Obsolete Laws: Warranting Immediate Repeal (Fourth Interim Report)

2015

107

20th

252

Right of the Hindu Wife to Maintenance: A relook at Section 18 of the Hindu Adoptions and Maintenance Act, 1956

2015

108

20th

255

Electoral Reforms

2015

109

20th

257

Reforms in Guardianship and Custody Laws in India

2015

110

21st

270

Compulsory Registration of Marriages

2017


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