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Legal Advisory Council UPSC NOTE

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  Why in news Inability of the National Democratic Alliance to reach a comfortable electoral milestone could be attributable, to its unfitti...

 Why in news

  • Inability of the National Democratic Alliance to reach a comfortable electoral milestone could be attributable, to its unfitting handling of legal issues

  • Continuous, informed, and empirically valid legal inputs to the government from well-structured think tanks could be vital in clarifying the real intent of certain legislation. 

Recent legal issues

  • The electoral bonds scheme, was recently held to be unconstitutional by the Supreme Court, for violating the right to information of voters

  • A similar exercise in relation to the Aadhaar Act, 2016, would also have made the intervention by the Supreme Court in K.S. Puttaswamy v. Union of India (2018) redundant

  • The transporter strike about the hit-and-run provisions under section 106(2) of the Bharatiya Nyaya Samhita, 2023, is also a case in point

Role of National Law Universities

  • National law universities are equipped with the requisite expertise, knowledge, and resources to assist the Central and State governments in formulating constitutionally viable and socially acceptable laws

  • Regular research references in legislative areas proposed by national law universities would enable the governments to fully utilise their investments in academic institutions and their expertise. 

Proposal for a Legal Advisory Council (LAC)

  • There is a case to be made for the establishment of a Legal Advisory Council (LAC) to the Prime Minister akin to the Economic Advisory Council (EAC)

  • The terms of reference of the LAC could include:

    • The legal analysis of issues referred to it by the Government of India, 

    • the analysis of the possible impacts and outcomes of any contemplated law upon reference by the Prime Minister

    • suo motu legal research and analysis on issues of contemporary importance

  • The LAC could comprise legal luminaries, eminent jurists, prominent academicians, and researchers with specialisations in varied fields 

    • Fields such as criminal law, trade law, international law, business laws, and taxation laws

Critique of the Law Commission of India (LCI)

  • The LCI primarily recommends reforms in existing laws, which makes its role reactive

  • But the LAC would function to anticipate the impact, challenges, and gap in forthcoming laws on which the government is deliberating and/or finalising legislation or policies. 

  • Low level of engagement between the government and the LCI is the fact that despite an abundance of legal issues requiring in-depth research and analysis

    • only four reports were prepared by the 22nd Law Commission between 2020 and 2024 upon reference by the GoI

  • LCI has been ineffective since only 50% of their recommendations to date have been implemented

  • Despite the legal problems in the justice system being pervasive, pressing, and varied, the LCI has on average produced only 4.19 reports per year 

Law Commission of India (LCI)

  • LCI is neither a constitutional body nor a statutory body, it is an executive body established by an order of the Government of India

  • Its major function is to work for legal reforms

  • It is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.

  • The first such Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay 

    • which recommended codification of the Penal Code and the Criminal Procedure Code

  • The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act. etc. are products of the first four Law Commissions.

  • First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr M. C. Setalvad, as its Chairman. 

  • Since then twenty two more Law Commissions have been appointed, each with a three-year term

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Legal Advisory Council UPSC NOTE
Legal Advisory Council UPSC NOTE
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