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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