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Functional Background The functional background for the working of the Department is derived primarily from the Supreme Law of the Country, the Constitution of India. As per clause (3) of Article 166 of the Constitution of India, the Governor is authorized to make rules for the business of the Government of the State and for the allocation among the Ministers of the said business in so far as it is not business with respect to which the Governor is by or under the Constitution required to act in his discretion. In exercise of the powers conferred by clauses (2) and (3) of Article 166 of the Constitution of India, the Governor had framed the Rules of Business of the Government of Kerala, which is a classified document. The allocation and disposal of business of the State Government are carried out in accordance with these Rules. Part II of the Rules of Business contains the List of Departments and the Distribution of Business among Departments of the Secretariat, including the Law Department. According to Rule 61 of the Rules of Business, the rules may to such extent as necessary be supplemented by instructions to be issued by the Governor on the advice of the Council of Ministers. Accordingly, the Rules of Business is supplemented by Kerala Government Secretariat Instructions. In addition to the Rules of Business of the Government of Kerala and the Kerala Government Secretariat Instructions, the Departments in the Secretariat, are also bound by the provisions in the Kerala Secretariat Office Manual. The Kerala Secretariat Office Manual was compiled in the year 1957 incorporating the provisions of the Secretariat Office Manual of the Travancore-Cochin State and the Madras Secretariat Manual. The Law Department, like all other Departments in the Secretariat is generally guided by the procedure laid down in the Kerala Secretariat Office Manual, in the functioning of the Department. This is accomplished in accordance with the provisions contained in the |
