{"id":306081,"date":"2024-07-31T19:12:35","date_gmt":"2024-07-31T13:42:35","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=306081"},"modified":"2024-07-31T19:12:35","modified_gmt":"2024-07-31T13:42:35","slug":"india-needs-a-legal-advisory-council-lac","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/india-needs-a-legal-advisory-council-lac\/","title":{"rendered":"India Needs a Legal Advisory Council (LAC)"},"content":{"rendered":"

Source<\/strong>: The post India Needs a Legal Advisory Council (LAC) has been created, based on the article \u201cThe case for a Legal Advisory Council <\/strong>\u201d published in \u201cThe Hindu<\/strong>\u201d on 31st July 2024<\/p>\n

UPSC Syllabus Topic:<\/strong> GS Paper2- Polity-Statutory, regulatory and various quasi-judicial bodies<\/p>\n

Context<\/strong>: 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.<\/p>\n

What Legal Issues Have Emerged Recently?<\/strong><\/h2>\n
    \n
  1. Electoral Bonds<\/strong>: The Supreme Court declared this scheme unconstitutional because it didn’t balance the privacy of donors with the voters’ right to information.<\/li>\n
  2. Aadhaar Act<\/strong>: If a proportionality test like the one in the K.S. Puttaswamy case were conducted earlier, legal challenges could have been avoided.<\/li>\n
  3. Bharatiya Nyaya Samhita<\/strong>: Transporters protested the harsh penalties for hit-and-run incidents, leading to amendments to the law after strikes.<\/li>\n<\/ol>\n

    Why is a New Advisory Council Needed?<\/strong><\/h2>\n
      \n
    1. Inadequate Legal Handling<\/strong>: The National Democratic Alliance faced electoral setbacks due to poor handling of legal issues, such as the unconstitutional ruling against the electoral bonds scheme.<\/li>\n
    2. Proactive Legal Analysis<\/strong>: The proposed Legal Advisory Council (LAC) would analyze laws before enactment, unlike the Law Commission of India (LCI), which reacts to existing laws.<\/li>\n
    3. Limited LCI Effectiveness<\/strong>: The LCI produced only four reports between 2020 and 2024, with only 50% of recommendations implemented.<\/li>\n<\/ol>\n

      What Should be Done?<\/strong><\/h2>\n
        \n
      1. Establish a Legal Advisory Council (LAC)<\/strong>: Similar to the Economic Advisory Council, to provide proactive legal analysis and advice to the Prime Minister.<\/li>\n
      2. Utilize National Law Universities<\/strong>: Harness their expertise in legal research to help draft laws that are both constitutionally viable and socially acceptable.<\/li>\n
      3. Anticipate Legal Challenges<\/strong>: Conduct early legal assessments on new laws to prevent issues like those with the Aadhaar Act and electoral bonds.<\/li>\n<\/ol>\n

        Question for practice:<\/strong><\/p>\n

        Discuss the need for a Legal Advisory Council (LAC) in the Indian government and how it could improve handling legal issues.<\/p>\n","protected":false},"excerpt":{"rendered":"

        Source: The post India Needs a Legal Advisory Council (LAC) has been created, based on the article \u201cThe case for a Legal Advisory Council \u201d published in \u201cThe Hindu\u201d 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… Continue reading India Needs a Legal Advisory Council (LAC)<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,1234],"tags":[212,225,10498],"class_list":["post-306081","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-polity-current-affairs","tag-gs-paper-2","tag-polity","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/306081","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=306081"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/306081\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=306081"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=306081"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=306081"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}