Page 1
119
I. Need for Law Reform
II. Law reforms in India
There is a strong relationship between the law and the society. Law has to be dynamic. It cannot
afford to be static. In fact, law and society act and react upon each other.
Law reform is the process by which the law is adapted and advanced over a period of time
response to changing social values and priorities. The law cannot remain stagnant. Law has to
respond to the social concerns and has to provide amicable solutions to the problems that keep
coming up before the society. It has to respond to social, economic or technological
developments. Law reforms also help to shape democracies to suit changing political and legal
environments. Law reform is not a one-time process but a tedious and gradual process.
Law reforms in India can be broadly classified into two periods, which are as follows:
i) Pre-independent India law reforms
ii) Post-independent India law reforms
Before the advent of British rule, the Indian society was by and large governed by its customary
law, either based on Hindu Dharmashastra or Islamic religious scripts. These customary laws
were followed by the rulers and the ruled. Customary laws were considered as rigid and averse
to the idea of social change.
The East India Company introduced the western legal system as well as legal reforms in India.
Prior to the First War of Independence in 1857, the East India Company ruled India under the
permission of the British crown, and later on the British crown governed India till 1947. During
the British Raj, i.e. from 1600 A.D to 1947 there were major changes in political, economic,
administrative and legal fields.
Modern courts were established by the enactment of various Acts such as the Regulating Acts,
1773, the Government of India Act 1935, etc. Further, well accepted principles of English law
like justice, equity, and good conscience were used by the courts in India for their decisions.
British administrators like Warren Hastings (1732-1818), the first Governor-General of India,
Cornwallis (1738-1805), a British Army officer and colonial administrator, who served as a civil
and military governor in India, and is known for his contribution to the policy for the Permanent
Settlement and William Bentinck (1774-1839), a British statesman, who served as Governor-
General of India from 1828 to 1835, played crucial roles in improving the Civil and Criminal
Justice System in pre-independent India.
UNIT 02: CHAPTER 4
Law Reform
Page 2
119
I. Need for Law Reform
II. Law reforms in India
There is a strong relationship between the law and the society. Law has to be dynamic. It cannot
afford to be static. In fact, law and society act and react upon each other.
Law reform is the process by which the law is adapted and advanced over a period of time
response to changing social values and priorities. The law cannot remain stagnant. Law has to
respond to the social concerns and has to provide amicable solutions to the problems that keep
coming up before the society. It has to respond to social, economic or technological
developments. Law reforms also help to shape democracies to suit changing political and legal
environments. Law reform is not a one-time process but a tedious and gradual process.
Law reforms in India can be broadly classified into two periods, which are as follows:
i) Pre-independent India law reforms
ii) Post-independent India law reforms
Before the advent of British rule, the Indian society was by and large governed by its customary
law, either based on Hindu Dharmashastra or Islamic religious scripts. These customary laws
were followed by the rulers and the ruled. Customary laws were considered as rigid and averse
to the idea of social change.
The East India Company introduced the western legal system as well as legal reforms in India.
Prior to the First War of Independence in 1857, the East India Company ruled India under the
permission of the British crown, and later on the British crown governed India till 1947. During
the British Raj, i.e. from 1600 A.D to 1947 there were major changes in political, economic,
administrative and legal fields.
Modern courts were established by the enactment of various Acts such as the Regulating Acts,
1773, the Government of India Act 1935, etc. Further, well accepted principles of English law
like justice, equity, and good conscience were used by the courts in India for their decisions.
British administrators like Warren Hastings (1732-1818), the first Governor-General of India,
Cornwallis (1738-1805), a British Army officer and colonial administrator, who served as a civil
and military governor in India, and is known for his contribution to the policy for the Permanent
Settlement and William Bentinck (1774-1839), a British statesman, who served as Governor-
General of India from 1828 to 1835, played crucial roles in improving the Civil and Criminal
Justice System in pre-independent India.
UNIT 02: CHAPTER 4
Law Reform
120
A major milestone in law reform during the British Raj, was the
establishment of the Law Commission. The first Law Commission
was established in 1834 under the Charter Act of 1833, under the
Chairmanship of Thomas Babington Macaulay.
The major contribution of the Law Commission was the
recommendation on the codification of the penal code and the
criminal procedure code. Thereafter, the Second, Third and Fourth
Law Commissions were established in the years 1853, 1861 and 1879
respectively. The Indian Code of Civil Procedure, 1908, the Indian
Contract Act, 1872, the Indian Evidence Act, 1872 and the Transfer
of property Act, 1882, are major contributions of these above Law
Commissions.
Freedom brought the winds of change and an ideological shift in
post-colonial India. This change was very visible in the field of law
reform as well. In Independent India, the newly enacted
Constitution and Principles enshrined under it were the main guiding
forces of law. The Fundamental Rights and Directive Principles of
State Policies are now the basis for any social change. After Independence, the constitution
under Article 372, recognized the pre-constitutional laws. However, there were demands from
various quarters to have a fresh look at the colonial laws. Responding to the feeling of the Indian
masses, the government constituted the First Law Commission of India under the chairmanship
of the then Attorney General, Mr. M.C Setalvad. Since then, twenty Law Commissions have been
constituted. As many as 243 reports have been submitted by the Law Commissions till 2012. The
Twentieth Law Commission has been set up by the Government in 2013, under the chairmanship
of Justice D. K. Jain. The term of the Twentieth Law Commission will be upto 2015. Some of the
important reports submitted by the various Law Commissions are shown in the table below:
Post-Independent India:
Lord Macaulay, 1800-1859,
came to India in 1834 as a
member of the Supreme
Council of India when William
Bentinck was the Governor-
General of India. He stayed in
India till early 1838. However,
during his short stay Macaulay
had left his unforgettable
imprint on the Indian legal
system which made a long
term impact on the Indian
society.
Page 3
119
I. Need for Law Reform
II. Law reforms in India
There is a strong relationship between the law and the society. Law has to be dynamic. It cannot
afford to be static. In fact, law and society act and react upon each other.
Law reform is the process by which the law is adapted and advanced over a period of time
response to changing social values and priorities. The law cannot remain stagnant. Law has to
respond to the social concerns and has to provide amicable solutions to the problems that keep
coming up before the society. It has to respond to social, economic or technological
developments. Law reforms also help to shape democracies to suit changing political and legal
environments. Law reform is not a one-time process but a tedious and gradual process.
Law reforms in India can be broadly classified into two periods, which are as follows:
i) Pre-independent India law reforms
ii) Post-independent India law reforms
Before the advent of British rule, the Indian society was by and large governed by its customary
law, either based on Hindu Dharmashastra or Islamic religious scripts. These customary laws
were followed by the rulers and the ruled. Customary laws were considered as rigid and averse
to the idea of social change.
The East India Company introduced the western legal system as well as legal reforms in India.
Prior to the First War of Independence in 1857, the East India Company ruled India under the
permission of the British crown, and later on the British crown governed India till 1947. During
the British Raj, i.e. from 1600 A.D to 1947 there were major changes in political, economic,
administrative and legal fields.
Modern courts were established by the enactment of various Acts such as the Regulating Acts,
1773, the Government of India Act 1935, etc. Further, well accepted principles of English law
like justice, equity, and good conscience were used by the courts in India for their decisions.
British administrators like Warren Hastings (1732-1818), the first Governor-General of India,
Cornwallis (1738-1805), a British Army officer and colonial administrator, who served as a civil
and military governor in India, and is known for his contribution to the policy for the Permanent
Settlement and William Bentinck (1774-1839), a British statesman, who served as Governor-
General of India from 1828 to 1835, played crucial roles in improving the Civil and Criminal
Justice System in pre-independent India.
UNIT 02: CHAPTER 4
Law Reform
120
A major milestone in law reform during the British Raj, was the
establishment of the Law Commission. The first Law Commission
was established in 1834 under the Charter Act of 1833, under the
Chairmanship of Thomas Babington Macaulay.
The major contribution of the Law Commission was the
recommendation on the codification of the penal code and the
criminal procedure code. Thereafter, the Second, Third and Fourth
Law Commissions were established in the years 1853, 1861 and 1879
respectively. The Indian Code of Civil Procedure, 1908, the Indian
Contract Act, 1872, the Indian Evidence Act, 1872 and the Transfer
of property Act, 1882, are major contributions of these above Law
Commissions.
Freedom brought the winds of change and an ideological shift in
post-colonial India. This change was very visible in the field of law
reform as well. In Independent India, the newly enacted
Constitution and Principles enshrined under it were the main guiding
forces of law. The Fundamental Rights and Directive Principles of
State Policies are now the basis for any social change. After Independence, the constitution
under Article 372, recognized the pre-constitutional laws. However, there were demands from
various quarters to have a fresh look at the colonial laws. Responding to the feeling of the Indian
masses, the government constituted the First Law Commission of India under the chairmanship
of the then Attorney General, Mr. M.C Setalvad. Since then, twenty Law Commissions have been
constituted. As many as 243 reports have been submitted by the Law Commissions till 2012. The
Twentieth Law Commission has been set up by the Government in 2013, under the chairmanship
of Justice D. K. Jain. The term of the Twentieth Law Commission will be upto 2015. Some of the
important reports submitted by the various Law Commissions are shown in the table below:
Post-Independent India:
Lord Macaulay, 1800-1859,
came to India in 1834 as a
member of the Supreme
Council of India when William
Bentinck was the Governor-
General of India. He stayed in
India till early 1838. However,
during his short stay Macaulay
had left his unforgettable
imprint on the Indian legal
system which made a long
term impact on the Indian
society.
124
REPORT
NO.
SUBJECT OF THE REPORT
Reform of Judicial Administration.
Law Relating To Marriage And Divorce Amongst Christians In India.
The Code Of Civil Procedure, 1908.
Capital Punishment.
Indian Penal Code.
Hindu Marriage Act, 1955 And Special Marriage Act, 1954.
LAW COMMISSION AND THE
YEAR IN WHICH REPORTS
WERE SUBMITTED
st
1 Law Commission(1958)
nd
2 Law Commission(1960)
rd
3 Law Commission(1964)
th
4 Law Commission(1967)
th
5 Law Commission(1971)
th
6 Law Commission(1974)
The Indian Evidence Act, 1872.
The Hindu Marriage Act, 1955- Irretrievable Breakdown Of
Marriage As A Ground for Divorce.
Rape And Allied Offences-Some Questions Of Substantive Law,
Procedure And Evidence.
th
7 Law Commission(1977)
th
8 Law Commission(1978)
th
9 Law Commission(1980)
Freedom Of Speech And Expression Under Article 19 of The
Constitution: Recommendation to extend it to Indian
Corporations.
th
10 Law Commission(1984)
Role Of Legal Profession In Administration Of Justice.
th
11 Law Commission(1988)
Women In Custody.
th
12 Law Commission (1989)
Custodial Crimes.
th
13 Law Commission (1994)
The Narcotics Drugs And Psychotropic Substances Act,
1985(Act No. 61 Of 1985).
th
14 Law Commission (1997)
The Reform Of Electoral Laws
th
15 Law Commission (1999)
Law Relating To Arrest
th
16 Law Commission (2001)
Trial By Media: Free Speech Vs. Fair Trial Under Criminal
Procedure (Amendments To The Contempt of Court Act, 1971)
th
17 Law Commission (2006)
Reforms In The Judiciary - Some Suggestions
th
18 Law Commission (2009)
14
15
27
35
42
59
69
71
84
101
131
135
152
157
170
177
200
230
241 Passive Euthanasia - A Relook
th
19 Law Commission (2012)
Page 4
119
I. Need for Law Reform
II. Law reforms in India
There is a strong relationship between the law and the society. Law has to be dynamic. It cannot
afford to be static. In fact, law and society act and react upon each other.
Law reform is the process by which the law is adapted and advanced over a period of time
response to changing social values and priorities. The law cannot remain stagnant. Law has to
respond to the social concerns and has to provide amicable solutions to the problems that keep
coming up before the society. It has to respond to social, economic or technological
developments. Law reforms also help to shape democracies to suit changing political and legal
environments. Law reform is not a one-time process but a tedious and gradual process.
Law reforms in India can be broadly classified into two periods, which are as follows:
i) Pre-independent India law reforms
ii) Post-independent India law reforms
Before the advent of British rule, the Indian society was by and large governed by its customary
law, either based on Hindu Dharmashastra or Islamic religious scripts. These customary laws
were followed by the rulers and the ruled. Customary laws were considered as rigid and averse
to the idea of social change.
The East India Company introduced the western legal system as well as legal reforms in India.
Prior to the First War of Independence in 1857, the East India Company ruled India under the
permission of the British crown, and later on the British crown governed India till 1947. During
the British Raj, i.e. from 1600 A.D to 1947 there were major changes in political, economic,
administrative and legal fields.
Modern courts were established by the enactment of various Acts such as the Regulating Acts,
1773, the Government of India Act 1935, etc. Further, well accepted principles of English law
like justice, equity, and good conscience were used by the courts in India for their decisions.
British administrators like Warren Hastings (1732-1818), the first Governor-General of India,
Cornwallis (1738-1805), a British Army officer and colonial administrator, who served as a civil
and military governor in India, and is known for his contribution to the policy for the Permanent
Settlement and William Bentinck (1774-1839), a British statesman, who served as Governor-
General of India from 1828 to 1835, played crucial roles in improving the Civil and Criminal
Justice System in pre-independent India.
UNIT 02: CHAPTER 4
Law Reform
120
A major milestone in law reform during the British Raj, was the
establishment of the Law Commission. The first Law Commission
was established in 1834 under the Charter Act of 1833, under the
Chairmanship of Thomas Babington Macaulay.
The major contribution of the Law Commission was the
recommendation on the codification of the penal code and the
criminal procedure code. Thereafter, the Second, Third and Fourth
Law Commissions were established in the years 1853, 1861 and 1879
respectively. The Indian Code of Civil Procedure, 1908, the Indian
Contract Act, 1872, the Indian Evidence Act, 1872 and the Transfer
of property Act, 1882, are major contributions of these above Law
Commissions.
Freedom brought the winds of change and an ideological shift in
post-colonial India. This change was very visible in the field of law
reform as well. In Independent India, the newly enacted
Constitution and Principles enshrined under it were the main guiding
forces of law. The Fundamental Rights and Directive Principles of
State Policies are now the basis for any social change. After Independence, the constitution
under Article 372, recognized the pre-constitutional laws. However, there were demands from
various quarters to have a fresh look at the colonial laws. Responding to the feeling of the Indian
masses, the government constituted the First Law Commission of India under the chairmanship
of the then Attorney General, Mr. M.C Setalvad. Since then, twenty Law Commissions have been
constituted. As many as 243 reports have been submitted by the Law Commissions till 2012. The
Twentieth Law Commission has been set up by the Government in 2013, under the chairmanship
of Justice D. K. Jain. The term of the Twentieth Law Commission will be upto 2015. Some of the
important reports submitted by the various Law Commissions are shown in the table below:
Post-Independent India:
Lord Macaulay, 1800-1859,
came to India in 1834 as a
member of the Supreme
Council of India when William
Bentinck was the Governor-
General of India. He stayed in
India till early 1838. However,
during his short stay Macaulay
had left his unforgettable
imprint on the Indian legal
system which made a long
term impact on the Indian
society.
124
REPORT
NO.
SUBJECT OF THE REPORT
Reform of Judicial Administration.
Law Relating To Marriage And Divorce Amongst Christians In India.
The Code Of Civil Procedure, 1908.
Capital Punishment.
Indian Penal Code.
Hindu Marriage Act, 1955 And Special Marriage Act, 1954.
LAW COMMISSION AND THE
YEAR IN WHICH REPORTS
WERE SUBMITTED
st
1 Law Commission(1958)
nd
2 Law Commission(1960)
rd
3 Law Commission(1964)
th
4 Law Commission(1967)
th
5 Law Commission(1971)
th
6 Law Commission(1974)
The Indian Evidence Act, 1872.
The Hindu Marriage Act, 1955- Irretrievable Breakdown Of
Marriage As A Ground for Divorce.
Rape And Allied Offences-Some Questions Of Substantive Law,
Procedure And Evidence.
th
7 Law Commission(1977)
th
8 Law Commission(1978)
th
9 Law Commission(1980)
Freedom Of Speech And Expression Under Article 19 of The
Constitution: Recommendation to extend it to Indian
Corporations.
th
10 Law Commission(1984)
Role Of Legal Profession In Administration Of Justice.
th
11 Law Commission(1988)
Women In Custody.
th
12 Law Commission (1989)
Custodial Crimes.
th
13 Law Commission (1994)
The Narcotics Drugs And Psychotropic Substances Act,
1985(Act No. 61 Of 1985).
th
14 Law Commission (1997)
The Reform Of Electoral Laws
th
15 Law Commission (1999)
Law Relating To Arrest
th
16 Law Commission (2001)
Trial By Media: Free Speech Vs. Fair Trial Under Criminal
Procedure (Amendments To The Contempt of Court Act, 1971)
th
17 Law Commission (2006)
Reforms In The Judiciary - Some Suggestions
th
18 Law Commission (2009)
14
15
27
35
42
59
69
71
84
101
131
135
152
157
170
177
200
230
241 Passive Euthanasia - A Relook
th
19 Law Commission (2012)
122
A survey of the subject of the tabulated reports reflects the wide range of issues that the Law
Commission of India has dealt with. It also indicates that the government is equally aware and
concerned about the need for timely reform in laws, in order that law may respond to the
changing needs of society. However, in recent years, economic reforms have brought about many
changes in the Indian society. New categories of crimes including white-collar crimes, crimes
against women and economic inequality in particular have to be tackled on an urgent basis. The
Law Commission therefore occupies a central role in law reforms in India.
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