NCERT Textbook: Law Reform | NCERT Books & Solutions for Humanities - Humanities/Arts PDF Download

 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.