Legal Advisory Council

Context

In recent years, there has been huge discussion about establishing a Legal Advisory Council.

About

• Several criminal problems of national and social significance have emerged from the existing government’s legislative and policy projects, for example:
• The Electoral Bonds Scheme was declared unconstitutional by the Supreme Court for violating voter right to information.
  • Proactive proportionality testing ought to have averted this.
• In the Aadhaar Act,Supreme Court intervention might have been avoided with prior criminal scrutiny.
• Section 106(2) of the Bharatiya Nyay Sanhita, 2023, led to protests due to disproportionate penalties.
  • The government needed to delay enforcement for amendments.
• As many such troubles have arisen due to a lack of adequate examination in terms of criminal viability and impact exams.
• Therefore ,an evaluation of the government’s legal consultancy procedure is wanted for higher legislative readability.

About Legal Advisory Council (LAC)

• • It may be corresponding to the Economic Advisory Council (EAC) but mainly focused on legal topics. 
  • It will provide non-stop and knowledgeable legal inputs
  • It could help in clarifying legislative motives and expecting prison challenges.
  • Composition: It should include legal luminaries, eminent jurists, distinguished academicians, and researchers with specialisations in numerous fields that are often legislated upon by governments which include crook law, exchange law, global law, commercial enterprise legal guidelines, and taxation laws.

• Functions

• • Analyze criminal troubles referred by the government.
  • Assess impacts and consequences of contemplated legal guidelines.
  • Conduct suo motu studies on contemporary legal troubles.

How is it unique from the Law Commission of India ?

• LAC could work with the Prime Minister’s Office, not like the  Law Commission, which operates under the Ministry of Law and Justice.
• The  Law Commission is commonly reactive, recommending reforms to current laws, whereas the LAC would be proactive, addressing capacity troubles in imminent rules.

Conclusion and Way Forward 

• Establishing a dynamic LAC and leveraging national law universities can improve the government’s coping with legal challenges and legislative tactics.
• National law universities can help in growing constitutionally possible and socially perfect laws.
• They have the information to behavior legal viability and impact assessments, as seen in their involvement in reform committees.
• Funding and administrative guidance might be critical for the LAC’s effectiveness.

Source: The Hindu