Under the Government of India (Allocation of Business) Rules, 1961, giving of advice on legal matters and interpretation of laws is one of the primary functions of the Department of Legal Affairs. As early as in 1967, vide OM No.F.18(1)/69-O&M dated 20th May 1967, this Department has emphasized that in a case, if the Ministry/ Department feels that the facts of the case have not been fully appreciated or further clarification is needed in any matter, the case may be referred back to this Department for consideration and advice in the matter. If, after further reference, the Department adheres to its previous advice, the same should be followed by the Ministry/ Department concerned. It is not appropriate on the part of any Ministry/ Department to say that neither the latter is bound by the advice given by this Department nor can refuse to follow such advice. These instructions have been reiterated from time to time in the past.
