T A RAJENDRAN Vs. P V AYYAPPAN

JUDGEMENT

(1.) The Advocate General for the State is appointed by the Governor in exercise of the powers conferred on him under Clause.1 of Art.165 of the Constitution. Clause.2 of Art.165 provides that it shall be the duty of the Advocate General to give advice to the Government upon such legal matters, and to perform such other duties of a legal character as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under the Constitution or any other law for the time being in force.

(2.) In pursuance of the above power under Clause.2 and 3 of Art.165, the Government of Kerala has made "the Rules" regarding the duties, remuneration etc. of the Advocate General, contained in the Notification, No. LD(A) 1-3006/56/Law, dated 1st November, 1956. Clause.18 of the Rules stipulates that the Advocate General is bound to perform such other duties of a legal character as may, from time to time, be referred or assigned to him by the Governor.

(3.) Pursuant to the power conferred by Clause.18 (referred to above) of the Rules, the Governor has directed the Advocate General Sri. P.V. Ayyappan to "appear and defend C.C. No. 18/85 on the file of the Chief Judicial Magistrate, Trivandrum and all further and connected proceedings arising therefrom in other courts, on behalf of Sri. K. Karunakaran, the Chief Minister of Kerala" (vide G.O. (MS) 26/85/Law dated 11-2-1985).