LEGAL ADVISORY COUNCIL : POLITY
NEWS: Legal inputs to the government from well-structured think tanks
could be vital in clarifying the real intent of certain legislation
WHAT’S IN THE NEWS?
Issues
with Government Legislative and Policy Projects:
- Electoral Bonds Scheme declared unconstitutional
by the Supreme Court.
- Aadhaar Act faced Supreme Court
intervention due to lack of prior criminal scrutiny.
- Section 106(2) of the Bharatiya Nyay
Sanhita, 2023, led to protests over disproportionate penalties.
Need for
Legal Advisory Council (LAC):
- Address issues arising from
inadequate examination of criminal viability and impact.
- Improve legislative clarity through
continuous and knowledgeable legal inputs.
- Clarify legislative motives and
anticipate legal challenges.
Legal
Advisory Council (LAC):
- Analogous to the Economic Advisory
Council (EAC), focused on legal matters.
- Composition: Legal luminaries,
eminent jurists, distinguished academicians, and researchers in various
legal fields.
- Functions:
- Analyze legal issues referred by the
government.
- Assess impacts and consequences of
contemplated laws.
- Conduct suo motu studies on current
legal issues.
Difference
from Law Commission of India:
- LAC works with the Prime Minister’s
Office; Law Commission operates under the Ministry of Law and Justice.
- Law Commission is reactive,
recommending reforms to existing laws.
- LAC is proactive, addressing
potential issues in forthcoming legislation.
Conclusion
and Way Forward:
- Establishing LAC can enhance the
government’s handling of legal challenges.
- National law universities can aid in
creating constitutionally viable and socially acceptable laws.
- Funding and administrative support
are crucial for LAC’s effectiveness.
Source:
https://www.thehindu.com/opinion/op-ed/the-case-for-a-legal-advisory-council/article68465192.ece