Overview of the Department
The Judicial Department is a very essential department of Assam Government as it deals with all the legal point of all line departments present in Secretariat of Assam.The Judicial & Legislative Department were merged together under the name Law Department at the time of formation of Assam Government but at the late 60's these two departments separated and came to be known as Judicial Department and Legislative Department separately.
The functions and duties of the Judicial Department have been laid down under Rule 53 of the Assam Rules of Executive Business, 1968. The Relevant rules in this respect are given below:
All administrative Departments shall consult the Judicial Department on
- The construction of statutes, acts, regulations and statutory rules, orders and notifications.
- Any general legal principles arising out of any case.
- The institution or withdrawal of any prosecution at the instance of any administrative Department.
Every such reference shall be accompanied by an accurate statement of the facts of the case and the point or points on which the advice of the Judicial Department is desired.
Further, the following matters are dealt with by the Department.
- Appointment of Advocate General/ Addl, Advocate General.
- Appointment of Govt. Pleaders and Public Prosecutors for conducting Govt. cases in the district and subordinate Courts and payment of fees.
- Appointment of Govt. Advocates in the High Court, payment of their fees and maintenance of the office of the Sr. Govt. Advocate, Assam.
- Matters relating to conduct of Govt. cases in Supreme Court and payment of Advocate fees.
- To maintain liaison between the High Court and the Govt. in matters as prescribed in the Constitution.
- Vetting of the Draft Affidavit/Cabinet Memorandum submitted by various Administrative Depts.
- Service matters relating to the Assam Judicial, Legal Service, Presiding Officers, Labour Court and different Tribunals.
- Administrative Control of the office of the Advocate General, Assam and the Govt. Advocate, Assam.