CM's legal adviser can appear against state: Kerala High Court

Kochi: The state government has submitted before Kerala High Court that  the legal adviser of  the chief minister did not have any access to the government files. This being the character of the function attached to the post of the legal adviser, there was no  restraint on him in appearing against the government in civil and  criminal cases because  he would never be called upon to render legal advice in respect of such cases.

The state  said that the creation of the legal adviser post was well within the executive power of the government. It was not a question of having lack of faith or confidence in the advocate-general. The appointment of a legal adviser would never undermine the position of the advocate-general. Nor was there any intention on the part of the government to bypass the constitutional authority of the advocate- general.

Therefore, the order appointing Mr. M.K. Damodaran as the legal adviser was strictly in accordance with the law, the state said. The state informed the court that senior lawyer  Damodaran, appointed as official legal adviser to the chief minister,  had declined to take up the post when a writ petition filed by BJP state president Kummanam Rajasekharan  challenging the appointment of Mr. Damodaran  came up for hearing.

The appointment order had stipulated that the legal adviser would have the rank of and status equal to the principal secretary. The affidavit said that during the discharge of his duties, the chief minister could consult the legal adviser to clear his doubts and on the legal implications before he initiated actions or made suggestions in the administrative and other fields.