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Core Demand of the Question:
- Highlight the role of the Legal Advisory Council and Economic Advisory Council.
- Discuss the necessity of establishing a Legal Advisory Council to the Prime Minister.
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Answer:
The Legal Advisory Council (LAC) is proposed to provide expert legal guidance to the Prime Minister of India, similar to the Economic Advisory Council (EAC). It aims to anticipate and address legal challenges, ensuring the constitutionality and social acceptance of laws. The LAC would comprise eminent jurists, academicians, and researchers, enhancing legislative and policy-making processes.
Economic Advisory Council (EAC):
- Economic Policy Guidance: The EAC advises the Prime Minister on economic policies, helping to shape measures to combat inflation and promote industrial growth, such as during the 2020 economic slowdown.
- Macroeconomic Analysis: The EAC conducts in-depth macroeconomic analyses, providing insights into trends and potential economic outcomes.
For example: It regularly reviews economic indicators like GDP growth and fiscal deficits.
- Suo-Motu Recommendations: The EAC can make suo-motu recommendations on economic issues, proactively suggesting reforms and policies to the Prime Minister without specific requests.
- Crisis Management: The EAC plays a crucial role in economic crisis management by recommending immediate and long-term measures to stabilise the economy, such as during the COVID-19 pandemic.
- Periodic Reports: The EAC publishes reports like the Annual Economic Outlook and Review of the Economy, offering detailed economic assessments and forecasts to guide policy decisions.
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Necessity for Establishing a Legal Advisory Council (LAC):
- Anticipating Legal Challenges: The LAC would foresee legal challenges in new policies, similar to how the EAC forecasts economic issues, preventing potential legal battles.
- Expert Legal Analysis: The LAC would offer detailed legal analysis of proposed laws and policies.
For example: It could review the constitutionality of data protection laws before their enactment.
- Policy Validation: Ensuring policies are legally sound before implementation would reduce the risk of unconstitutional provisions
For example: Issues in the Bharatiya Nyay Sanhita, 2023.
- Improving Governance: With expert legal advice, the government can navigate legal complexities more effectively, akin to how the EAC enhances economic policy-making.
- Leveraging Academic Expertise: Utilising national law universities’ expertise, the LAC would provide the government with cutting-edge legal research and analysis, ensuring well-informed decision-making.
- Preemptive Issue Identification: By identifying potential legal issues early, the LAC can prevent litigation and policy reversals.
For example: It could have foreseen challenges to the Electoral Bonds Scheme.
- Enhanced Policy Formulation: The LAC would assist in formulating policies that are legally sound.
For example: It could help design laws that respect the right to privacy while addressing national security concerns.
- Legal Impact Assessment: The LAC would conduct impact assessments of proposed laws, ensuring they do not inadvertently harm specific groups or violate constitutional rights.
For example: It could evaluate the implications of new labour laws on workers’ rights.
Establishing a Legal Advisory Council (LAC) will fortify India’s legislative framework by ensuring laws are constitutionally sound and socially viable. Leveraging the expertise of national law universities and creating a dynamic advisory body will enhance the government’s capacity to navigate complex legal landscapes, fostering robust and resilient governance.
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July 31, 2024
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