Follow our advice — this terse message was sent by the Union Law Ministry to all ministries and government departments after several instances came to its notice wherein individual ministries were pushing for their “own” opinion in cases pending before various courts.

The missive was sent to all the ministries and government departments barely a few days after the recent controversy over the Ishrat Jahan affidavit where the Law Ministry had lamented that it was not consulted when the affidavit was filed.

The letter, a copy of which is with The Indian Express, said that despite a particular advice rendered by the Law Ministry, the ministry or department which has sought its views chooses to follow its own course of action and thereby ignore the advice given by the Department of Legal Affairs that is entrusted with the task of giving advice on legal matters, besides interpretation of laws. It reminded the ministries that once a view has been expressed by this department (referring to Department of Legal Affairs), the ministries/ departments “should consider acting in terms of the advice tendered”.

Significantly asserting its position, which is clear under the Government of India (Allocation of Business) Rules, 1961, the department asked all the other ministries that if the advice is reiterated, the same should be followed. “It is not appropriate on the part of any ministry/ department to say that the latter is not bound by the advice given by this department nor can it refuse to follow such advice.”

... contd.