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    On Second Law Comm0ission (1853-1856)

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    Simran
    The second law commission was appointed in 1853 for a period of three years under the chairmanship of Sir John Romilly. The commission submitted four reports between 1855-1856. The second report was most important as it dealt with the grounds for codifying substantive law in India. The commission agreed with codifying portions of English law that did not offend Indian customs and traditions, but was opposed to codifying Hindu and Muslim personal law. The commission drafted codes on civil procedure, the penal code, code of criminal procedure, and the Limitation Act, which were eventually enacted as laws between 1859-1861 and established the foundation of India's legal system.

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    On Second Law Comm0ission (1853-1856)

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    Simran
    141 views8 pages
    The second law commission was appointed in 1853 for a period of three years under the chairmanship of Sir John Romilly. The commission submitted four reports between 1855-1856. The second report was most important as it dealt with the grounds for codifying substantive law in India. The commission agreed with codifying portions of English law that did not offend Indian customs and traditions, but was opposed to codifying Hindu and Muslim personal law. The commission drafted codes on civil procedure, the penal code, code of criminal procedure, and the Limitation Act, which were eventually enacted as laws between 1859-1861 and established the foundation of India's legal system.

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    Second law commission

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    The second law commission was appointed in 1853 for a period of three years under the chairmanship of Sir John Romilly. The commission submitted four reports between 1855-1856. The second report was most important as it dealt with the grounds for codifying substantive law in India. The commission agreed with codifying portions of English law that did not offend Indian customs and traditions, but was opposed to codifying Hindu and Muslim personal law. The commission drafted codes on civil procedure, the penal code, code of criminal procedure, and the Limitation Act, which were eventually enacted as laws between 1859-1861 and established the foundation of India's legal system.

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    141 views8 pages

    On Second Law Comm0ission (1853-1856)

    Uploaded by

    Simran
    The second law commission was appointed in 1853 for a period of three years under the chairmanship of Sir John Romilly. The commission submitted four reports between 1855-1856. The second report was most important as it dealt with the grounds for codifying substantive law in India. The commission agreed with codifying portions of English law that did not offend Indian customs and traditions, but was opposed to codifying Hindu and Muslim personal law. The commission drafted codes on civil procedure, the penal code, code of criminal procedure, and the Limitation Act, which were eventually enacted as laws between 1859-1861 and established the foundation of India's legal system.

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    Second law
    comm0ission
    (1853-1856)
    Introduction:-
    The second law commission consisting of seven member was
    appointed on Nov,9,1853 for a period of three year under the
    chairmanship of Sir John Romilly. The other member were Sir
    John Jervis ,Sir Edward Ryan ,Lord Sher Brooke , C.H. Cameron ,
    John M. Macleod and T .F. Ellis. The commission held its sittings
    in London till the middle of 1856 and submitted four reports
    these , second report , which was submitted in February 1855 ,
    was most important as it dealt with the grounds on which the
    codification of substantive law was to be carried out for India.
    First Report:-
    The second law commission submitted its first report in 1855 in
    which it proposed the amalgamation of the supreme court at
    Fort William with Sadar Diwani and Sadar Nizamat Adalats and
    suggested that a high court be established in place of those
    three integrated courts . Besides , the commission also
    suggested the preparation of uniform codes of civil and criminal
    procedure applicable to the newly proposed High Court and
    also to all the inferior courts subordinate to it.
    Second Report:-
    In its Second Report , the law commission agreed with the lex loci Reports of
    the First Law Commission that there should be substantive civil law for the
    inhabitants of the mofussil. The commission expresses a view that only so
    much portion of English law should be adopted in India which did not offend
    the sentiments , the customs and traditions of the natives. It further
    suggested that matter not falling under the codified English law , should be
    decided according to the principles of equity , justice and good conscience.
    The commission was opposed to the idea of codification of personal law of
    Hindu and Mohammedans .
    Third Reports:-
    In its third report the commission proposed a plan for
    establishing a judicial system and procedure for the courts in
    norths western provinces. The judicial system proposed by the
    law commission was similar to that of Bengal will minor changes
    to meet the special requirements of the frontier region.
    Fourth Reports:-
    The fourth report of the law commission suggested a judicial
    plan for the presidencies of Bombay and Madras on a uniform
    pattern.
    Codes Prepared by the Second Law
    Commission:-
    The second law commission submitted four draft codes on civil
    procedure which were finally introduced as codified civil law
    under the Act No. VIII of 1859. The code was , how ever ,
    repealed twice in 1877 and again in 1882. Finally, the civil
    procedure code of 1908 was enforced throughout the country
    which remain , in force even today.
    The penal code drafted by Lord Macaulay in 1837 was revised
    by Sir Barnes peacock who was one of the member of the
    second law commission. It was finally enacted and passed in
    1860.
    This code has undoubtedly proved to be the most efficient piece of
    legislation which continues in force even to tis day. However ,
    consequent to the Indian Independence in 1947 , the conditions have
    drastically changed and therefore, the penal code need to be
    thoroughly revised. The task of reviewing the code for changes in
    under progress by a committee of experts appointed by the
    government of the India for the purpose.
    The code of the criminal procedure , was also enacted in 1861, which
    was based on the recommendations of the second law commission. In
    1859, the limitation act, was enacted.
    The Indian high courts act was passed in 1861 whereby the supreme
    courts and Sadar Diwani and Sadar Nizamat Adalats were abolished
    and in their place , a high court was established in each of the
    presidencies.

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