Year End Review- 2024: Ministry of Law and Justice

Ministry of Law and Justice

Year End Review- 2024: Ministry of Law and Justice

High level Committee on Simultaneous elections submitted its report on One Nation, One Election

Three Criminal Laws, - Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023 brought into effect

New Notary Portal launched to make appointment of Notaries seamless, efficient and transparent

India Participates in BRICS Ministers of Justice Meeting, Showcases Legal Reforms and Initiatives

Posted On: 06 JAN 2025 12:20PM by PIB Delhi

2024 has been a year of myriad achievements for the Department of Legal Affairs which has wide spectrum of activities allocated as per the Government of India (Allocation of Business) Rules, 1961.

Report of the High-level Committee on Simultaneous elections:

The High-level Committee on Simultaneous Elections constituted under the Chairmanship of Shri Ram Nath Kovind, former President of India, on 2 September, 2023 after extensive consultations with stakeholders, experts and research work of 191 days, since its constitution submitted a 18,626 pages Report to the Hon’ble President of India, Shrimati Droupadi Murmu, on 14th March 2024.

Before finalising its report, the Committee had held extensive consultations to understand the views of different stakeholders. 47 political parties submitted their views and suggestions, out of which 32 supported simultaneous elections. Many political parties had extensive discussions with the HLC on this matter. In response

to a public notice published in newspapers in all the States and Union territories, 21,558 responses were received from citizens from all over India. 80 per cent of the respondents supported simultaneous elections. Eminent jurists and experts such as four former Chief Justices of India and twelve former Chief Justices of major High Courts, four former Chief Election Commissioners of India, eight State Election Commissioners, and Chairman, Law Commission of India were invited by the Committee for interaction in person. Views of the Election Commission of India were also sought.

Apex business organizations like the CII, FICCI, ASSOCHAM and eminent economists were also consulted to present their views on the economic repercussions of asynchronous elections. They advocated the economic imperative of simultaneous elections on account of the effect of asynchronous elections on fuelling inflation and slowing down the economy. The Committee was briefed by these bodies that intermittent elections had adverse consequences on economic growth, quality of public expenditure, educational and other outcomes, besides upsetting social harmony. After careful consideration of all suggestions and viewpoints, the Committee recommends a two-step approach to lead to the simultaneous elections. As the first step, simultaneous elections will be held for the House of the People and the State Legislative Assemblies. In the second step, elections to the Municipalities and the Panchayats will be synchronized with the House of the People and the State Legislative Assemblies in such a way that Municipalities and Panchayats elections are held within hundred days of holding elections to the House of the People and the State Legislative Assemblies. The Committee also recommends that there should be a single electoral roll and Electoral Photo Identity Cards (EPIC) for use in elections to all the three tiers of Government.

Ater the approval by the Union Cabinet, it has been referred to a Joint Parliamentary Committee.

Three new Criminal Laws implemented:

During the year, three new Criminal Laws namely Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023 were implemented replacing more than century old three colonial era Criminal Laws. They mark a tectonic shift from the earlier laws that were meant to subserve the colonial interest and their repeal is another step to shedding of the vestiges of colonial legal legacy. Before the three laws were brought into effect from 1st July, 2024, the department organised a series of conferences on ‘India's Progressive Path in the Administration of Criminal Justice System’ for all the stakeholders who are involved in the implementation of the new laws. The Conferences were held at New Delhi, Guwahati, Kolkata, Chennai and Mumbai from April to June 2024. These were attended by a large audience and eminent guests comprising of Chief Justice of India, Hon’ble Minister of State (IC) for Law and Justice, Hon’ble Governors and Hon’ble Ministers of different states Hon’ble Judges of the Supreme Court, Ld. Attorney General for India, Solicitor General of India, Hon’ble Chief Justices and Judges various High Courts, President and Vice President and Members of ITAT, advocates, academicians, representatives of law enforcement agencies, police officials, public prosecutors, District Judges and Subordinate Courts , other officials, Academicians and students from different National Law Universities(NLUs), other law Institutes etc. The Conferences comprised of three technical sessions on Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam,

2023 respectively. These sessions explored the legislation's impact on new age crimes, procedural changes affecting the judiciary and law enforcement agencies, and the pivotal role of evidence admissibility in the legal process. The new Bharatiya Nagrik Suraksha Sanhita (BNSS) provides a holistic approach to deal with crimes in the digital age. The BNSS also stipulates that criminal trials must be completed in three years, and judgments must be pronounced within 45 days of being reserved. This would help in clearing the vast backlogs and faster delivery of justice. Section 530 of the BNSS allows all trials, inquiries and proceedings to be conducted in electronic mode, which is in keeping with the need of the present time. These conferences made significant contribution not only in sensitising the stakeholders but also creating an atmosphere of awareness among the citizens who are ultimate end users of these new laws making the implementation seamless.

Several recommendations made by 22nd Law Commission:

During the year, the 22nd Law Commission of India has submitted several significant reports which included Law on matrimonial issues relating to non-resident Indians and overseas citizens of India. A comprehensive review of the Epidemic Diseases Act, 1897, Laws relating to Trade Secrets and Economic Espionage, Amendment in section 154 of the Code of Criminal procedure, 1973 for enabling online registration of FIR, Usage of the Law of sedition etc.

On “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India”, the Commission gave the considered recommendations that the proposed central legislation should be comprehensive enough to cater to all facets involving marriages of NRIs as well as foreign citizens of Indian origin with that of Indian citizens. Such a legislation should be made applicable not only to the NRIs but

also to those individuals who come within the definition of ‘Overseas Citizens of India’ (OCIs) as laid down under Section 7A of the Citizenship Act, 1955. It is further recommended that all marriages between the NRIs/OCIs and Indian citizens should be made compulsorily registered in India. The said comprehensive central legislation should also include provisions on divorce, maintenance of spouse, custody and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs/OCIs, etc. Further, it is recommended that requisite amendments need to be introduced in the Passports Act, 1967 in order to mandate the declaration of marital status, the linking of a spouse's passport with the other and mentioning of the Marriage Registration Number on the passports of both the spouses. Furthermore, the Government, in collaboration with the National Commission for Women and the State Commissions for Women in India and the NGOs and Indian associations abroad, should conduct awareness programs for women and their families who are about to enter into marital relationship with NRIs/OCIs.

As regards the Criminal defamation, the 22nd Law Commission undertook an extensive study, analysing the history of the law of defamation, its relationship vis-à- vis the right to freedom of speech and expression, and the various judgments rendered by the Courts across the country. The Commission, inter alia, also studied the relationship between right to reputation and the right to freedom of speech and expression, and how the two need to be balanced. Further, the Commission looked into the treatment of criminal defamation across various jurisdictions. Having considered the same in-depth, the Commission recommended that criminal defamation be retained within the scheme of criminal laws in the country. In this regard, it is important to keep in mind that right to reputation flows from Article 21 of

the Constitution of India, and being a facet of right to life and personal liberty, needs to be adequately protected against defamatory speech and imputations.

Report on “A Comprehensive Review of the Epidemic Diseases Act, 1897”: The 22nd Law Commission of India submitted its Report No. 286 titled “A Comprehensive Review of the Epidemic Diseases Act, 1897" to the Government of India. The COVID-19 pandemic unleashed an unprecedented challenge for the Indian health infrastructure. While the Government was quick to respond to the emerging situation, in the course of dealing with this crisis, certain limitations in the legal framework relating to health were realized. The immediate response to COVID-19 such as the imposition of lockdown was invoked under the Disaster Management Act, 2005. Further, in light of the immediate challenges, especially those faced by the healthcare workers, the Parliament amended the Epidemic Diseases Act, 1897 in 2020. In this highly globalized and interconnected world, future outbreaks of epidemics are a real possibility. Further, given that the right to health is a fundamental right implicit in Article 21 of the Constitution and the State is duty-bound to ensure the same to the citizens, it becomes imperative to revisit and strengthen the law in order to effectively tackle any such future health emergency. The 22nd Law Commission holds the view that the existing legislation does not comprehensively address the concerns pertaining to the containment and management of future epidemics in the country as new infectious diseases or novel strains of existing pathogens may emerge. In light of the foregoing, the Law Commission suo motu undertook extensive examination of the existing legal framework on this subject. The Commission has recommended that either the existing law needs to be suitably amended to address existing gaps or a new comprehensive legislation be enacted on the subject

New Notary Portal Launched:

Shri Arjun Ram Meghwal, Hon’ble Minister of State, Ministry of Law & Justice (Independent Charge) launched the new Notary Portal (https://notary.gov.in) in a function organised by the Department of Law & Justice on 3rd September 2024.

The Notary Portal provides an online interface between the notaries and the Government for various services like submission of applications for appointment as notaries, issuance and renewal of Certificates of Practice, change of practice area, submission of annual returns, etc. With the launch of the Notary Portal, the Central Notaries will not be required to submit applications/ requests in physical mode. They can submit applications online; monitor its progress; and download digitally signed Certificates of Practice from their Digi locker accounts. The launch of the dedicated Notary Portal is an important step forward towards providing a paperless, faceless and efficient system a step towards the goal of digital India as envisioned by the Prime Minister of India. This portal has been made in a user-friendly manner and this will help the Notaries and the public when all the intended features are activated in the course of time. The initiative will help to make not only the system of selection and appointment of Notaries across the country faster, efficient and transparent but will also help in creating digital storage facility of all notary related records. The new portal comes with several novel features over and above the earlier notary online applications portal.

Ease of Access to the Citizens: -

In order to provide ease of access to the citizens so far as notarial services are concerned, the Central Government has amended the Notaries Rules, 1956 vide notification dated 24th February, 2024, increasing the number of notaries to be appointed by the Central Government in various States and UTs to 1,04,925.

During the period 2023-24, Certificate of Practice were issued to 185 new Notaries. Further, after following the due process, as prescribed in the Notaries Act, 1952 and the Notaries Rules, 1956, the Central Government provisionally approved appointment of 32350 legal practitioners as Notaries in 13 States and UTs.

Signing of India-Singapore Memorandum of Understanding in the Sphere of Law and Dispute Resolution:

In March 2024, India and Singapore have signed a Memorandum of Understanding (MoU) on cooperation between the two countries in the sphere of Law & Dispute Resolution. The Memorandum of Understanding was signed in a virtual meeting of the Minister of State for Law and Justice (I/C), Government of India, Shri Arjun Ram Meghwal.

The MoU is on further cooperation between the two countries in the areas of common interest such as international commercial dispute resolution and matters relating to promotion of robust alternative dispute resolution mechanisms in respective countries etc.

The MoU inter-alia provides for the establishment of Joint Consultative Committee to oversee its implementation.

India Participates in BRICS Ministers of Justice Meeting, Showcases Legal Reforms and Initiatives:

On September 18, 2024, the Department of Legal Affairs, Ministry of Law and Justice, participated in the BRICS Ministers of Justice Meeting via video conferencing. The Indian delegation was led by Dr. Anju Rathi Rana, Additional Secretary of the Department of Legal Affairs. Representatives from the Department of Justice, the Legislative Department, and the Ministry of External Affairs were also present.

Attention of the participants was drawn to the evolution of India’s legal landscape and the country’s significant achievements in the legal sector. She reaffirmed the Ministry of Law and Justice’s role as the central agency overseeing India’s legal system, which has introduced transformative reforms and initiatives aimed at reshaping the legal framework and fostering collaboration within the BRICS community.

Emphasis was placed on the focus of the Ministry on improving legal infrastructure and enhancing the delivery of justice, particularly through Alternative Dispute Resolution (ADR) mechanisms to the litigants and citizens. The enactment of the Mediation Act as a landmark reform that provides a structured, cost-effective way to resolve disputes while preserving relationships was highlighted. The potential of the Mediation Act, for BRICS Nations, where ADR is increasingly recognized as a vital tool for reducing judicial burdens and providing timely, equitable conflict resolution, was underscored.

The other participating countries such as Brazil, Egypt, Iran and United Arab Emirates highlighted the importance of forums like this to enhance legal cooperation, not only among the governments of BRICS member nations but also in addressing broader human rights concerns that impact the large populations within these countries. The Ministers of Justice from China, Russia, and South Africa underscored the potential of such cooperation in fostering a more equitable global order, strengthening people-to- people connections, advancing the sustainable development agenda, and upholding the rule of law. They also stressed that emerging challenges in areas such as cyber security, the misuse of AI, and extradition issues could be effectively tackled through collaboration rooted in the principles of justice and law.

Indian delegation, led by Shri Arjun Ram Meghwal, Union Minister of State (Independent Charge) for Ministry of Law &Justice and MoS for Parliamentary Affairs visits the United Kingdom:

An Indian delegation, led by Shri Arjun Ram Meghwal, Minister of State (I/C) of the Ministry of Law and Justice, visited the United Kingdom from September 30 to October 2, 2024. Dr. Rajiv Mani, Secretary, Department of Legal Affairs and Legislative Department, and Shri Dhruva Kumar Singh, Chief Controller of Accounts in the Department of Legal Affairs, accompanied the Hon’ble Minister during the UK visit. Shri Vikram Doraiswami, India's High Commissioner to the UK, and other senior officers of the Commission joined during the important engagements. The Minister (I/C) of Law & Justice along with other Members of the Indian delegation participated in the bilateral meeting with the UK’s Lord Chancellor and Secretary of State for Justice, The Rt. Hon’ble Shabana Mahmood.

The discussions held in a cordial and friendly atmosphere between both the sides focused on having deeper cooperation particularly in the area of simplification of laws and use of plain language in legislative drafting alongside sharing of best practices in ADR mechanisms, particularly arbitration and mediation. The current status of various reforms undertaken by India in the fields of laws and policy for facilitating quicker dispute resolution, economic growth and investments was discussed. The progress made in the facilitation of UK qualified legal professionals and Law Firms to operate in India as deliberated in the meeting held between the Chairman Bar Council of India and President of the Law Society of England and Wales. On 1st October, 2024 Hon’ble MoS(I/C) L&J attended the opening of the U K Legal Year Ceremony at Westminster Abbey, London, alongside Law/Justice Ministers and high-level representatives from countries such as Italy, Germany, and the European Union.

Entering into Treaties and Agreements with foreign countries in matters of civil law:

The Ministry of Law & Justice, Department of Legal Affairs, is the nodal Ministry for reciprocal arrangement with foreign countries. In addition to this, Ministry of Law & Justice, Department of Legal Affairs enters into various agreements on legal co-operation under civil law with other countries. Under this obligation, during the period, the Mutual Legal Assistance Treaties in civil and commercial matters with the Socialist Republic of Vietnam was finalised.

Examination and processing of requests arising out of bilateral treaties in respect of service of summons etc. (Mutual Legal Assistance Treaties / Reciprocal Arrangements) and multilateral treaties (the Hague convention of 1965/1971):

The Ministry of Law & Justice, Department of Legal Affairs is designated as the Central Authority under Hague Convention, 1965 for service abroad of judicial and extra judicial documents in civil and commercial matters. Under this obligation, during the said period, about 3829 requests have been processed.

Online Hindi course on the Constitution of India launched:

On 26th November 2024, the Department of Legal Affairs of the Ministry of Law and Justice celebrated the Constitution Day and 75th Anniversary of adoption of the India Constitution. On the Constitution Day, the Department of Legal Affairs, Ministry of Law & Justice in collaboration with the country’s highest NAAC ranked National Law University i.e. NALSAR University of Law, Hyderabad launched the course on the Constitution of India in Hindi. The online course would cover the important aspects of our C