India Needs a Legal Advisory Council (LAC)

Source: The post India Needs a Legal Advisory Council (LAC) has been created, based on the article “The case for a Legal Advisory Council ” published in “The Hindu” on 31st July 2024

UPSC Syllabus Topic: GS Paper2- Polity-Statutory, regulatory and various quasi-judicial bodies

Context: The article discusses the need for better legal advice for the Indian government. It suggests creating a Legal Advisory Council (LAC) similar to the Economic Advisory Council to help the Prime Minister handle legal issues more effectively, using the expertise of national law universities and legal experts.

What Legal Issues Have Emerged Recently?

1. Electoral Bonds: The Supreme Court declared this scheme unconstitutional because it didn’t balance the privacy of donors with the voters’ right to information.
2. Aadhaar Act: If a proportionality test like the one in the K.S. Puttaswamy case were conducted earlier, legal challenges could have been avoided.
3. Bharatiya Nyaya Samhita: Transporters protested the harsh penalties for hit-and-run incidents, leading to amendments to the law after strikes.

Why is a New Advisory Council Needed?

1. Inadequate Legal Handling: The National Democratic Alliance faced electoral setbacks due to poor handling of legal issues, such as the unconstitutional ruling against the electoral bonds scheme.
2. Proactive Legal Analysis: The proposed Legal Advisory Council (LAC) would analyze laws before enactment, unlike the Law Commission of India (LCI), which reacts to existing laws.
3. Limited LCI Effectiveness: The LCI produced only four reports between 2020 and 2024, with only 50% of recommendations implemented.

What Should be Done?

1. Establish a Legal Advisory Council (LAC): Similar to the Economic Advisory Council, to provide proactive legal analysis and advice to the Prime Minister.
2. Utilize National Law Universities: Harness their expertise in legal research to help draft laws that are both constitutionally viable and socially acceptable.
3. Anticipate Legal Challenges: Conduct early legal assessments on new laws to prevent issues like those with the Aadhaar Act and electoral bonds.

Question for practice:

Discuss the need for a Legal Advisory Council (LAC) in the Indian government and how it could improve handling legal issues.