CITIZEN CHARTER OF DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

        The business of the Government of Jammu and Kashmir is transacted in accordance with the Jammu and Kashmir Business Rules . These rules have been framed under section 43 and sub-section (2) of section 45 of the Constitution of Jammu and Kashmir. In terms of rule 4(1) of the Business Rules, the following subjects are assigned to the Department of law, Justice and Parliamentary Affairs:

1.      Administration of Gurdwaras.

2.      Legislation.

3.      J&K Legal Aid and Advisory Board.

4.      Judiciary.

5.      Law.

6.      Parliamentary Affairs.

7.      Special Tribunals.

The Policy:

 The policy of the Law Department is:-

Ø    to reduce the backlog of pending cases before the courts at all levels.

Ø    to provide cheap, speedy and affordable justice to the people at their door steps. Lok Adalats are also being frequently held at District and Tehsil headquarters.

Ø    to minimize human rights abuse. The Human Rights Commission is being strengthened by providing sufficient staff and necessary infrastructure apart from filling up the vacancies in the Commission and by ensuring implementation of its recommendations. A High Powered Committee has been set up to regularly review the recommendations of the Commission.

Ø    to bring accountability and transparency in the State administration and the political system by enacting legislations to establish effective institutions to eradicate the menace of corruption in public life.  

Ø    to protect the State interests in litigation matters against the State. For this purpose a battery of Law Officers have been appointed to contest the cases in the High Court and other courts on behalf of the State. These include the Advocate General, Senior Additional Advocates General in the Supreme Court and the two wings of the High Court, Advocate on Record in the Supreme Court, Additional Advocates General, Deputy Advocates General and Government Advocates. In addition a number of Standing Counsels have been appointed for different departments to render legal assistance and for conduct of departmental cases in subordinate courts. 

Ø    to strengthen and upgrade the infrastructure of State Judiciary.  

Ø    to update and revise existing laws in order to make them vibrant and relevant as per the needs of the time and to frame new laws to uphold and strengthen the rule of law in the State. The reports of Law Commission of India are regularly being examined so as to up-date and revise the State laws keeping in view those recommendations. 

Ø    to codify the State Laws and preserve and maintain all statutory rules, regulations, notifications and orders. Research Cell of Law Department has been activated and entrusted the job of codification/ printing of laws and identification of obsolete laws for being removed from the Statute Book.  

Ø    to strengthen the parliamentary democracy by coordinating between the Executive and the Legislature and helping in smooth conduct of business by the State Legislature. The Department acts as a bridge between the two pillars of the State i.e the Legislature and the Executive. 

Ø    to get the State Laws and also important Central Laws translated in to Urdu, the official language of the State. Government of India has recently entrusted the job of translating more than two hundred Central Acts in Urdu in a phased manner to the Urdu Coordination Cell of this Department, besides getting the Constitution of India translated in to Kashmiri language. 

Functioning of the Department:

The Department performs the following functions of legal and administrative nature:-

a.  to examine various issues received from different departments/corporations of the Government and to tender legal advice to the concerned Departments;

b.   to examine legislative proposals  and to draft the same  which include Bills, Ordinances, notifications, rules and regulations etc.;

c.   to draft agreements/deeds to be executed by the State Government with different Organizations / Bodies / Companies etc;

d.   to discharge the functions of administrative department in respect of the secretariats of the two Houses of the State legislature as also to summon and prorogue its sessions and grant housing / car advances in favour of the Hon’ble members of the State legislature. The salaries, allowances, pension and other privileges of the Members of the State Legislature/Ex-Legislators are also within the administrative domain of this Department, which are being viewed and reviewed from time to time;

e.   to make all necessary arrangements for conduct of cases in different courts in which the State or any of its Departments/functionaries is a party;

f.  to appoint Standing Counsels for various Department / institutions of the State so that timely advice/legal assistance is provided to the Departments for proper conduct of cases;

g.   to examine cases for filing of appeals, reviews and revisions and SLPs before the competent courts;

h.   to appoint Notaries in different Courts and to confer powers of executive magistrates on various officers of the State administration on the recommendations of Divisional Commissioners/ District Magistrates etc.

 The Law Department is the Administrative Department for the  :-

(i)              High Court and Subordinate Judiciary;

(ii)             Advocate General’s Organization;

(iii)             State Legislature;

(iv)            State Legal Services Authority;

(v)             State Human Rights Commission;

(vi)            State Accountability Commission;

(vii)            Motor Accidents Claims Tribunals;

(viii)           Industrial/Labour Tribunal;

(ix)            Two Directorates of Litigation, Kashmir and Jammu; and

(x)             Directorate of Urdu Coordination Cell.

       Any citizen can seek information about the functioning of the Department in terms of the relevant provisions of the Jammu and Kashmir Right to Information Act, 2009 and the rules notified there under vide SRO 196 of 2009 dated 20-07-2009.

 The details of Public Information officers and 1^st Appellate Authorities is as under:

       The Officers of the Department are available for public hearing on every working day between 2.00 pm to 5.00 pm. Any person can approach the officers of the department for redressal of grievances or to enquire about the status of pending case, if any, in the Department of Law, justice and Parliamentary Affairs.

Grievance:

In case of grievance, following officers can be contacted:

1.  Shri Ghulam Qadir Bhat,

Additional Secretary, Department of Law, Justice and Parliamentary Affairs.

2.  Shri Achal Sethi

Deputy Secretary

Phone: 9419187234

Email: sethi.achal@gmail.com

The Particulars of the officers of the Department of Law, justice and Parliamentary Affairs are as follows:

RESOLVE: We resolve to be fair to all and to be seen as such.

MISSION: The Mission of the department is to function as a vibrant institution of the State to ensure and promote the rule of law and to deliver justice to all as injustice anywhere is threat to justice everywhere. Hence, it is the endeavour of the department to provide a just, transparent, accountable and humane system of governance as it firmly believes that the administration of justice is the firmest pillar of governance.