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