The Ministry of Law and Justice must always hold a Union Cabinet rank

Arjun Ram Meghwal replaced Kiren Rijiju on May 18, 2023 to become Minister of Law and Justice in the Modi government. What was different with Meghwal was that he became a Minister of State (Independent Charge), as against his predecessor, who held a Union Cabinet rank.

The Prime Minister, in accordance with Article 74 of our Constitution, holds the right to choose his ministers, their ministries and also decide on what rank each minister holds. Union ministers are of three categories based on the rank they hold. A Union Cabinet Minister is the senior-most ranked minister and heads an important ministry like Home or Finance. A Minister of State (I/C) holds independent charge of a ministry but does not have the rank of a cabinet minister. He does not report to any Union Cabinet Minister. A Minister of State is a junior minister who reports to a Union Cabinet Minister or a MoS (I/C).

A Union Cabinet Minister holds a higher rank as against an MoS (I/C) and a Minister of State. A Union Cabinet Minister attends all the meetings of the Union Cabinet when called for by the Prime Minister. An MoS (I/C), on the other hand, is not a part of the Union Cabinet and attends meetings only pertaining to his ministry or when called upon by the Prime Minister.

Can one say that the Ministry of Law and Justice does not hold an important part of decision making and law making like that of the Ministry of Finance for it to currently be headed by a minister ranked as an MoS (I/C)?

The Ministry which handles one of the main organs of the government - the judiciary - certainly cannot be governed by a minister with the rank of MoS (I/C).

The Government of India is the biggest litigator in India. When the National Judicial Data Grid flashes those astonishing numbers, mainly in terms of pending cases in various courts of our country, on most occasions, either the petitioner or the respondent is the Government of India or the state government.

The Collegium headed by the Chief Justice of India sends recommendations for appointment of judges to the Supreme Court of India and various High Courts of India to the Law Ministry. The recommendations are then cleared by the President of India on the aid and advice of the Law Minister and other important stakeholders. The Law Minister has frequent interactions with the Chief Justice of India on pertinent issues concerning the improvement of the judiciary on all levels of the country.

The Government of India (Allocation of Business) Rules of 1961 lists the allocation of work of various ministries including the Law Ministry. The Ministry plays an important role in advising other ministries so as to frame laws which do not violate any provision of the Constitution. The Attorney General for India regularly coordinates with the Ministry and handles the litigation of the Union government in the Supreme Court of India.

The Ministry also performs an important function of drafting Bills, including the business of the draftsmen in select committees of Parliament, drafting and promulgation of ordinances and regulations; enactment of State Acts as President’s Acts, whenever required; scrutiny of statutory rules and orders.

The Charter Act of 1833 enacted by the British government in pre-independent India makes the Ministry of Law and Justice probably the oldest arm of the government. Arun Jaitley was Law Minister to Prime Minister Atal Bihari Vajpayee from July 24, 2000 to July 1, 2002. He held the Ministry as an Mos (I/C) until November 7, 2000 and subsequently became Union Cabinet rank minister with the same Ministry. Perhaps, Vajpayee thought that not only was Jaitley a senior member of the BJP, but also a Senior Advocate who was holding a very important ministry and should be elevated to the rank of a cabinet minister.

The current Union government has 5 MoS (I/C) rank, which includes Arjun Ram Meghwal. For the functions that the Ministry of Law and Justice performs and the importance it plays in its legislative and judicial functions, it is most important that the Ministry of Law and Justice permanently hold a Union Cabinet rank like that of the Home Ministry or the Finance Ministry. It is only fit that it permanently holds a Union Cabinet rank.

The minister, whoever it may be, deserves a permanent seat in the Union Cabinet for the important functions the Ministry performs and also to aid and advise the Union Council of Ministers in decision making.

Shayan Bisney is an advocate practicing in the High Court for the State of Telangana and the Supreme Court of India.