RTI
No.15011/59/2011-JUS(M)
GOVERNMENT OF INDIA
MINISTRY OF LAW & JUSTICE
DEPARTMENT OF JUSTICE
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New Delhi, the July, 2011.

 

THE RIGHT TO INFORMATION ACT, 2005
INFORMATION UNDER SECTION 4 (1)(b) OF THE ACT
PARTICULARS OF ORGANISATION, FUNCTIONS AND DUTIES OF THE DEPARTMENT OF JUSTICE

 

Function of DOJ

Under the Allocation of Business Rules 1961, the Department of Justice is entrusted with the following subjects:-
 

  1. Appointment, resignation and removal of the Chief Justice of India and Judges of the Supreme Court of India; their salaries, rights in respect of leave of absence (including leave allowance), pensions and traveling allowances.

  2. Appointment, resignation and removal, etc., of Chief Justice and Judges of High Courts in States; their salaries, rights in respect of leave of absence (including leave allowances), pensions and traveling allowances.

  3. Appointment of Judicial Commissioners and Judicial officers in Union Territories.

  4. Constitution and organization (excluding jurisdiction and powers) of the Supreme Court (but including contempt of such Court) and the fees taken therein.

  5. Constitution and organization of the High Courts and the Courts of Judicial Commissioners except provisions as to officers and servants of these courts.

  6. Administration of justice and constitution and organization of courts in the Union Territories and fees taken in such courts.

  7. Court fees and Stamp duties in the Union Territories.

  8. Creation of all India Judicial Service.

  9. Conditions of service of District Judges and other Members of Higher Judicial Service of Union Territories.

  10. Extension of the Jurisdiction of a High Court to a Union Territory or exclusion of a Union Territory from the Jurisdiction of a High Court.

 

Acts and Rules administered by DOJ

    1. High Court Judges (Salaries & Conditions of Service) Act, 1954.
    2. High Court Judges (TA) Rules, 1956.
    3. High Court Judges Rules, 1956.
    4. Supreme Court Judges (Salaries & Conditions of Service) Act, 1958.
    5. Supreme Court Judges (TA) Rules, 1959.
    6. Supreme Court Judges Rules, 1959.
    7. The Judges Protection Act, 1985.
    8. The Judicial Officers Protection Act, 1850.
    9. The Contempt of Courts Act, 1971.
    10. The Court Fees Act, 1870.
    11. The Family Courts Act, 1984.
    12. The Judges (Inquiry) Act, 1968

 

Schemes of DOJ

1. Fast Track Courts (FTCs)

The FTCs set up based on the recommendations of the Eleventh Finance Commission are intended to take up sessions cases pending for two years and more and the cases of undertrial in jails on priority. Scheme ended on 31.3.2005. The Government accorded its approval for the continuation of 1562 FTCs that were operational as on 31.3.2005 for a further period of 5 years i.e. upto 31.3.2010 with provision of Rs. 509 crore 100% central funding basis. Central assistance has been stopped from April, 2011.

 

2. Family Courts
As part of the process of judicial reforms, Family Courts have been set up in pursuance of the Family Courts Act,1984 for speedy settlement of matrimonial disputes and other related matters. The main thrust is on settlement of disputes through reconciliation.

 

Every year certain amount of Plan and Non Plan funds are set aside for setting up of these courts by the Centre on 50 per cent cost sharing basis. At present there are 211 Family Courts established in various parts of the country. Efforts are being made to set up more Family Courts in the country. The State Governments have been asked to send quarterly update on pendency and disposal of cases in Family Courts.

 

3. Centrally Sponsored Scheme for development of infrastructural facilities for the Judiciary

The Scheme is being implemented by this Department since 1993-94 to augment the resources of the State Government, although the State Governments are responsible for providing infrastructural facilities for the judiciary in the State. The Scheme covers construction of court buildings and residential accommodation of judicial officers / judges covering High Courts and subordinate courts. The State Governments other than North East Region are required to provide funds matching the Central grants/ the Centre –State share ratio for North East States has recently been changed to 90:10. The Plan outlay for the scheme in the Eleventh Five Year Plan is ` 701.08 crore and the Budget Estimate for 2011-12 is ` 542.90 crore. The utilization of these funds during the first four years of the EFPY has been very encouraging being 556.70 crore. During the last financial year (2010-11) an amount of ` 144.74 crore has been released to the States.

 

To augment the resources of the State Government for construction of buildings for the High Courts, the Planning Commission under Additional Central Assistance Scheme grant funds to the extent of 30% of the cost of the building.

Updated Since: 01/07/2011