Legal Advisory Council

Context

In line with the Economic Advisory Council (EAC) to the Prime Minister, there is a proposal to establish a Legal Advisory Council (LAC). This council would serve to foresee the implications, challenges, and shortcomings in upcoming laws that the government is contemplating or finalizing in its legislation or policies.

Objective

The primary aim of the LAC is to anticipate the impact, challenges, and gaps in forthcoming laws and policies that the government is deliberating and finalizing.

Composition

The LAC would be composed of:

• Legal luminaries
• Eminent jurists
• Prominent academicians
• Researchers with specializations in various fields such as criminal law, trade law, international law, business laws, and taxation laws.

Need for the LAC

Addressing Legal Issues of National and Social Importance The LAC is necessary to tackle legal issues arising from the government’s legislative and policy initiatives. For example:

• The Electoral Bonds scheme was deemed unconstitutional by the Supreme Court for violating the right to information of voters.
• Section 106(2) of the Bhartiya Nyaya Sanhita, 2023, imposes up to 10 years imprisonment for a person involved in an accident who flees without reporting it.

Ineffectiveness of the Law Commission of India (LCI) The LCI has been unable to effectively address the pervasive and pressing legal problems in the justice system:

• Only 50% of LCI recommendations have been implemented.
• The LCI has produced an average of only 4.19 reports per year since its inception.

Lack of Adequate Examination There is insufficient examination regarding the legal viability and impact assessments of policies and laws.

Law Commission of India (LCI)

Nature and Functioning

• The LCI is a non-statutory body constituted by a notification from the Government of India under the Ministry of Law and Justice.
• It conducts legal research and makes recommendations to the government through reports, addressing subjects referred by the Department of Legal Affairs, the Supreme Court, and High Courts.
• To date, the LCI has submitted 277 reports.

By establishing a Legal Advisory Council, the government aims to ensure that laws and policies are thoroughly examined for their legal soundness and potential impacts, thereby improving the overall effectiveness and fairness of the legal system.