Law Commission in India

LAW COMMISSION IN INDIA
First law commission 1834

It consisted of Lord Macoley and its four members mainly CH Cameron, JM Mcloyd, GW
Anderson and F Millot. The last 3 members represented Madras, Bombay and Calcutta
respectively. There are various subjects under this. Criminal code in the system of criminal
justice was not satisfactory, the local government directed the commission to take its first step to
tackle this branch of law. The members of the commission prepare the draft of the penal code
which they submitted to lord Auckland, the then governor general in 1837. In due course of time,
certain changes were made in the membership of the commission as Lord Macoley returned to
England in 1837 and Andrew Amos became the law member and the chairman of the
commission. The crimes like thuggi, burning of widows, gang robbery was some of the cases
that was being looked upon with discontent by this commission.
Lex Loci report
Another important subject to which the commission was required to devote its attention was the
problem of uncertainty of the substantial civil laws (A set of laws that tell how the members of
the society need to behave) which was being applicable to the Christians and the Anglo Indians.
There was no Lex Loci or law of the land for persons other than Hindus and Muslims in the
Mufzal, while the Presidency towns had a Lex Loci in English laws. All the questions
concerning marriage, divorce and adoption concerning the persons other than Christians were to
be decided by the rules of the sect to which the parties belong. There was to be a college of
justice and each of the presidencies with the judges of the Supreme Courts and Sadar Courts as
their members in all appeals from the decisions of the Mufzil Courts, the appellate court was to
consist of one judge of Supreme Court, with or without associates.
The court of civil procedure
By submitting the Lex Loci report it was a major step towards the rule of law, though at the
instance of the directors it was placed in cold storage yet it had the fortune of getting support
from the government of India. It was really a practical solution to the error increasing problems
of the administrators in court of the Europeans in India.
Second Law Commission 1853
The charter act of 1853 had entrusted the task to examine and consider the recommendations of
the first law commission and enactments proposed by the form of judicial procedures and laws of
India as might be referred to them for consideration. The second law commission submitted 4
reports to the Indian Government. In the first report it submitted the plan for reforms in judiciary
and in court procedures whereas the second report the commission agreed with the Lex Loci of
the first commission. It suggested that there must be a substantial civil law for the persons in the
Mufzil who had no law of their own.
It expresses the firm view that no attempt to codify the personal laws of Hindus and Muslims
should be made because any such attempt might tend to obstruct rather than promote the gradual
process of improvement in the state of population. The third report of the commission contained
a plan for establishing a judicial system in the north eastern provinces.
The fourth report
It was concerned with the judicial plans for the presidencies of Bombay and Madras. No material
progress was made in the codification of Indian laws even after the various reports of first and
second law commissions. The government was less inclined to accept the drafts of the various
courts. Event of 1857 which are known as mutiny gave a shocking jolt to the British Government
of India. The administrators have to face various difficulties in controlling the administration in
India and as a result there was the absence of suitable legislations.
Third law commission 1861
This law commission is also known as the golden age of codification. The commission was
asked to prepare a body of substantial law of England as a basis having due regards for the
institutions. It had presented 7 reports to the 3rd law commissions. These reports were
Report no. Subject Year
1. Indian succession Act 1864
2. The Contract Bill 1866
3. Negotiable instrument bill 1867
4. The fourth draft states that no 1867
draft of any code was
submitted
5. Evidence bill 1868

6. Transfer of property bill 1870
7. Revised draft of criminal 1870
procedures
During the tenure of Henry Maine and Sir James Stephens, the following are the important acts
passed by the legislative councils of India:
 The Indian succession Act 1865
 The Indian Trustee Act, 1865
 The Parsee Marriage and Divorce Act, 1865
 The Public Gambling Act, 1867
 The Press and Registration of Books Act, 1867
 Indian Divorce Act, 1869
 The Female Infanticide Prevention Act, 1870
 The Indian Evidence Act, 1872
 Indian Contract Act, 1872
Fourth Law Commission, 1879
The important recommendations of this commission were
1. The process of codification of substantial laws should continue
2. The English laws should be made the basis of future courts in India
3. Uniformity and legislation should be aimed at but local and special customs should be
treated with great respect. These are certain recommendations of law commission

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LAW COMMISSION IN INDIA

First law commission 1834

5. Evidence bill 1868

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