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