The Ministry of Law and Justice has directed its law officers not to independently advice other ministries, without its approval..The Ministry of Law and Justice has directed its law officers not to independently advice other ministries, without its approval..All the central ministries and departments have been informed via a letter, not to initiate or ask for a legal opinion on matters pertaining to litigation. This has been issued with concern to prevent the Ministry of Law and Justice from being caught unaware in courts on sensitive cases at a time when the Government is cornered by the judiciary in high profile cases (e.g. 2G and Black money)..The letter, which has the approval of Veerappa Moily, Minister of Law and Justice states its reference to Rule 8 of the Law Officers (Condition of Services Rules), 1972 and clearly states that “Any law officer shall not advice any ministry or department of Government of India…unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, department of legal affairs”, reports the DNA..Similarly, the Attorney General and the Solicitor General have also been directed not to entertain advice without prior approval from the Ministry..Law Secretary D.R. Meena had issued similar letter to the law officers, in August 2010. The law also mandates permission from the Government, by the public servant (in this case a law officer) before he/she decides to represent a private party in court. In November, 2010 the Ministry of Law and Justice had issued a show cause notice to the ASG for public appearance, without approval from Ministry of Law.
The Ministry of Law and Justice has directed its law officers not to independently advice other ministries, without its approval..The Ministry of Law and Justice has directed its law officers not to independently advice other ministries, without its approval..All the central ministries and departments have been informed via a letter, not to initiate or ask for a legal opinion on matters pertaining to litigation. This has been issued with concern to prevent the Ministry of Law and Justice from being caught unaware in courts on sensitive cases at a time when the Government is cornered by the judiciary in high profile cases (e.g. 2G and Black money)..The letter, which has the approval of Veerappa Moily, Minister of Law and Justice states its reference to Rule 8 of the Law Officers (Condition of Services Rules), 1972 and clearly states that “Any law officer shall not advice any ministry or department of Government of India…unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, department of legal affairs”, reports the DNA..Similarly, the Attorney General and the Solicitor General have also been directed not to entertain advice without prior approval from the Ministry..Law Secretary D.R. Meena had issued similar letter to the law officers, in August 2010. The law also mandates permission from the Government, by the public servant (in this case a law officer) before he/she decides to represent a private party in court. In November, 2010 the Ministry of Law and Justice had issued a show cause notice to the ASG for public appearance, without approval from Ministry of Law.
