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Functional Background
The functional background for the working of the
Department is primarily set by the supreme law of the country, the
Constitution of India. The Secretariat of State Legislature is provided
for by clause (1) of Article 187* of the Constitution
of India, according to which the House or each House of the Legislature
of a State shall have a separate secretarial staff. 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 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 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 "the
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 Secretariat, are also bound by the provisions of
the Kerala Secretariat Office Manual. The Kerala Secretariat Office
Manual was complied in the year 1957 incorporating suitable provisions
of the Secretariat Office Manual of the Travancore-Cochin State
and appropriate provisions of 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. But, in view
of the special nature of the work in the Department, sometimes procedure
slightly different is adopted in respect of certain items of work
in the Department. This is accomplished in accordance with the provisions
contained in the Kerala Law Department
Manual*
:: Rules
of Business of the Government of Kerala (Classified Document)
:: The
Kerala Government Secretariat Instructions (Applicable to Secretariat
Departments only)
:: The
Kerala Secretariat Office Manual
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