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Law Reforms and Commissions in Pre- Independant India

In: Historical Events

Submitted By shaileja
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Pages 8
Law reforms and law commissions in pre-independent India

Introduction to law commissions- an important step towards fulfilling the goal of securing a uniform and simple system of law in India through the process of comprehensive consolidation and modification, to advise the newly created legislative council on matters of law, and to integrate and organize the scattered, conflicting and incoherent system of regulation into a general system of codes, was taken by the charter act of 1833 when it made provisions in section 53 for the appointment of a law commission in India. The section in question recited that it was “ expedient that , subject to such special arrangements as local circumstances may require , a general system of judicial establishment and police “ applicable to all persons and classes of inhabitants , should be establishes in British India , and that “such laws as may be applicable in common to all classes of the inhabitants “ , “due regard being had to the rights, feelings and peculiar usage of the people , should be enacted , “and that “and laws , and customs having the force of law” in British India should be ascertained , consolidated and amended . accordingly, it was enacted that the governor general in council should as soon as convenient as soon as passing the act issue a commission to such persons as the court of directors with the approbations of the Board of Commissioners “shall recommend ate for that purpose and to such other persons, if necessary as the said governor general in council shall think fit. These person was to constitute the Indian Law Commission they were not to exceed five at one time. The law commissioners were required to inquire fully into the jurisdictions, powers and the rules of the existing courts of Justice and police establishments in the British territories, and all existing forms of judicial procedure, and into

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