The main functions of the Administration Division of the Department are:
1. Appointment of Law Officers, Special Counsel for conduct
of State litigation within the State, outside the State and Supreme
Court,
2. Appointment of Notaries,
3. Appointment of Official Receivers,
4. Appointment of Administrator General and Official Trustee,
5. Matters relating to the following Departments:-
i) Subordinate Judiciary
ii) Office of the Advocate General
iii) Directorate of Government Litigations
iv) Karnataka State Legal Services Authority,
v) Karnataka Judicial Academy
6. Internal matters relating to the Law Department and Co-ordination matters.
7. Grants to Bar Associations in the State.
8. As a Nodal Department in the matter of Human Rights Commission.
Litigation Division :
The main functions of the Litigation Division are as follows:
i) Conduct of Litigation in which Government is a party in
Courts within and outside the State, including the Supreme Court,
except Karnataka Administrative Tribunal, Central Administrative
Tribunal and High Court of Karnataka on the Writ side wherein powers
have been delegated to Secretaries of Administrative Departments to
take a decision to file Appeals/Revision or Review against the orders
passed by the KAT, CAT, High Court of Karnataka.
ii) Scrutiny of notices of suits and Statement of Objections, Counter Affidavits to be filed on behalf of the Government.
Government is the biggest litigant in the State. There is
considerable litigation not only in the Supreme Court and High Court
but also in Lower Courts in the State. The conduct of litigation is
governed by the Karnataka Conduct of Government Litigation Rules,
1985.
The Department supervises litigation concerning the State
Government in all these Courts on behalf of the Departments of
Secretariat. There are five sections dealing with litigation work.
Three Additional Secretaries are incharge of litigation matters and
they are assisted by one solicitor, 2 Additional Solicitors and 1
Assistant Solicitor.
All notices, either of the suits or Writ Petitions issued to
the Chief Secretary to Government are taken service by the Solicitor
in the Law Department. Thereafter the Law Officers are authorized to
appear before the Courts concerned. On receipt of the remarks of the
concerned Administrative Department on the allegations made in the
plaint or in the Writ Petition concerned, the Law Officers prepare a
draft Written Statement or Counter Affidavit as the case may be which
will be examined from Legal aspect and whenever necessary they are
revised or redrafted by law Officers and thereafter they will be
approved by the Officers of the Law Department or by the Heads of
Legal Cells. A close watch is kept on the progress of litigation at
every stage. Appropriate instructions, as deemed necessary are given
from time to time to the Law Officers appearing in Courts on behalf of
the Government. In important cases Officers in Law Department and
Heads of Legal Cells attend the Courts to watch the proceedings.
After final disposal of the case, the Law Officers concerned
have to furnish to the Law Department or Legal Cells, the certified
copies of the Judgements/Decrees/Orders along with their opinion in
the matter of filing or otherwise of appeals. A decision is taken by
Law Department or Legal Cells in regard to the filing / non-filing of
an appeal or an application for review of the judgements or orders
thereafter.
Heads of Departments, Deputy Commissioners and other Officers
who receive notices of suits under Section 80 of Civil Procedure Code
obtain parawise remarks of the concerned officers and forward them to
the concerned Administrative Departments of the Secretariat. The
Administrative Departments examine and forward the same to the Law
Department which furnishes opinion whether or not to contest the
claim.
With effect from 22.9.2004 the control of the Department of
Prosecution has been taken over by the Home Department, from Law
Department, after amending the Karnataka Government (Allocation of
Business) Rules, 1977. The files pertaining to Criminal cases and the
administrative matters of Prosecution Department have been transferred
to the Home Department. As a temporary working arrangement, Shri
Mudigoudar-I ADS of Litigation-VII Section is attending the work of
scrutinizing the judgements/Orders in criminal cases and recording
opinions. Litigation Sections-1 and 3 of Law Department have been
transferred to the Home Department. Consequently, files relating to
Civil matters have been transferred from Litigation Sections – 1 &
3 to Litigation Section – 2.
Government have directed that in the matter of preferring an
appeal or review against the order of the KAT or CAT or against any
decision of the High Court in Writ or Writ Appeal and connected
matters, issue of authorization to Law Officers is to be dealt by the
concerned Administrative Departments.
In the context of amendment to the Karnataka Government
(Allocation of Business) Rules, the Karnataka Conduct of Litigation
Rules, 1985 has been amended. As per the said amendment Heads of Legal
Cells of the Administrative Departments of Secretariat are entrusted
with the work of conduct of litigation with respect to Writ Petition,
Writ Appeal in High Court of Karnataka, Karnataka Administrative
Tribunal and Central Administrative Tribunal.
Powers have been given from 18th February 1997 to the Legal
Cells and Secretaries of Administrative Departments concerned to take
decisions to the Appeals, Revision or Review on the orders passed by
the Karnataka Administrative Tribunal, Central Administrative Tribunal
and High Court and if the Administrative Department feels that the
matter need not be challenged in Appeal, Revision or Review, then the
matter need to be referred to Department of Law to take a final
decision in the matter.
In pursuance to the current policy of the Government to
simplify the Acts and Rules that are being administered by the
Government Departments, action is being taken to constitute a
Committee comprising of senior officers of Law Department to examine
and suggest suitable amendments to the Acts and Rules administered by
Law Department.
Opinion Division:
The functions of the opinion division of the Department are:-
1. Advising different Departments of the Karnataka Government
Secretariat on legal matters including interpretation of the
provisions of the Constitution, various statutes, rules, orders;
2. Scrutiny of orders, notices, rules (other than subordinate
legislation) to be issued in accordance with the legal opinion
furnished by the Department;
3. Scrutiny of instruments relating to immovable properties,
bonds and other agreements, contracts or instruments to be executed
either by or in favour of Government.