गृह मंत्रालय Ministry of Home Affairs

Judicial Matters: Judicial Matter legislative aspects of the Indian Penal Code (IPC), Code of Criminal Procedure (Cr.P.C.) and also the Commission of Inquiry Act. It also handles matters relating to State legislation, which require the assent of the President under the Constitution, political pension to erstwhile rulers before independence, Mercy Petitions under Article 72 of the Constitution

Judicial and Political Pensions and other residual matters of erstwhile Pol.III Section:-

• Bills and Cabinet Notes sponsored by other Ministries/Departments for comments of the Ministry of Home Affairs.
• State Legislative proposals of the following nature:-
  • Bills for consideration of the President under article 201 of the Constitution;
  • Ordinances for instructions of the President under article 213(1) of the Constitution;
  • Bills for the previous sanction of the President under article 304 (b) of the Constitution; and
  • Regulations for Scheduled Areas for the assent of the President under sub-paragraph 5(4) of the Fifth Schedule to the Constitution.
• Legislative aspects of Commission of Inquiry Act- Amendment of the Act and Rules thereunder;
• Coordination of Court cases (including summons, judgement etc.) pertaining to matters not specifically assigned to other sections in the Ministry of Home Affairs – forwarding the same to the concerned Ministries/Departments/State Governments. Also coordination of Legal Notices under section 80CPC and summons from courts pertaining to matters not specially assigned to other sections in the MHA including monitoring replies to legal notices u/s 80 CPC etc.
• The Arrangement with State Governments for defending suits in matters not specifically assigned to other sections.
• Matter relating to the former rulers of the Indian States and their families arising out of the abolition of privy purse and privileges.
• Political Pensions.
• The State Legislations are required to be examined from three angles viz.
  • (i) repugnancy with Central Laws
  • (ii) deviation from National or Central Policy and
  • (iii) legal and Constitutional validity.
            Policy issues involved in the State Legislations are to be sorted out in consultation with the concerned Ministries/Departments as well as State Government. Hence, no time-frame can be fixed in this regard.