Department of Law, Government of Kerala

The Law Department, Government of Kerala functions as a distinct and independent department within the Government Secretariat. The department is headed by a senior minister and is assisted by the Law Secretary, supported by additional, joint, deputy, and under secretaries at the Secretariat. The Law Secretary is usually a judicial officer, different from other state government departments where the Secretary to Government is typically an IAS officer. The main duties and responsibilities of the Law Department is the legal and legislative affairs of the State.

Formation of Law Department

The History of the Law Department is linked to the legislative history of the erstwhile Travancore and Travancore-Cochin. The legal framework of Travancore was earlier based on oriental conceptions until this was modernised by the English East India Company. Earlier, the new rules were promulgated by the Travancore Maharajas in the form of 'Chattavariyolas' to facilitate administration of justice. The British Resident and Diwan of Travancore & Cochin, John Munro had framed the principles of Legislation in the State between 1811 and 1814. He dismantled corrupt practices by establishing a modern system of courts like Zilla courts (1811) and a Huzur court (1814). The Huzur court is the highest judicial court and also was the final court of appeal in Travancore. The establishment of new courts in Travancore necessitated the restatement of the law. Cunden Menon was appointed as Diwan Peishkar in 1835 A.D, who for the first time drafted the first Code of Regulation in the modern sense of the term. The Indian Councils Act of 1861 paved the way for the association of the popular element in the work of legislation. The Sardar court replaced Huzur Court and existed from 1861 to 1881. The Travancore Legislative Council was constituted in 1988 and Travancore Sri Mulam Popular Assembly was constituted in 1904. The drafts of the acts and proclamations were prepared by the Diwans and submitted to the rulers who exercised the principles and details involved in them before promulgation. Later as per the promulgation of the Legislative Reforms Act II (1933) led to the formation of two Legislative Chambers- Sri Chitra State Council and Sri Moolam Assembly. 

Even though these Chambers had large powers in initiating legislative matters, Maharaja started the prerogative of enacting laws without consulting the House of Legislature. These enactments were issued in the form of Acts or Proclamations. The United State of Travancore-Cochin was formed on 1st July 1949 and the ruler of Travancore-Cochin is designated as “Raj Pramukh”. Travancore-Cochin Government established the Law Department. The Law Department was a part of the State Secretariat Service and was under the Election Department, the Office of the Advocate General and Official Trustee. The work of publication of the Acts and the Ordinances so far are performed by the Travancore-Cochin Government and was taken over by the Law Department from the year 1951 onwards. Consequent on the re-organisation of States, Kerala State came into being on 1st November, 1956. Following the formation of the State of Kerala on November 1, 1956, the modern Secretariat framework including the independent Law Department came into official on January 1, 1957. 

Functions of Law Department

Today, the Secretariat has three main sections - Administrative Secretariat, Finance Secretariat and Law Secretariat. The Law Department functions in the Law Secretariat. The Law Department takes decisions and provides legal advice on legal matters of the State Government. The Law Department is responsible for the general administration of the Department, the administration of the Advocate General's Office, the administration of the Human Rights Commission, the administration of personal laws, the administration of the Court Fee and Suit Valuation Act, the administration of the Kerala Advocate Clerk Welfare Fund Act, the administration of the Kerala Legal Benefit Fund Act, the formulation of laws and consolidation of laws, legal advice to other departments of the Secretariat, conveyancing, translation of laws, publication of Central and State laws, and appointment of notaries and government lawyers. The Law department administers the Government Law Officers and Conduct of Cases rules, 1978. Also, the Secretariat Law Department Library functions as a reference library for the officers of the Law Department.

Administrators of Law Department

■ Advocate General of Kerala

■ Additional Advocates General (Addl.AGs)

■ State Attorney / State Public Prosecutor (Director General of Prosecution)

■ Additional State Public Prosecutor

■ Administrator General & Official Trustee

Autonomous institutions

■ Office of the Advocate General, Kerala

■ Kerala State Human Rights Commission (KSHRC)

■ Law Reforms Commission

■ Kerala State Legal Services Authority (KeLSA)