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    First Law Commission

    Uploaded by

    rishirawatfreefire2

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    The First Law Commission

    As per the provisions of Section 53 of the Charter Act of 1833, the First Law Commission
    was appointed in India in 1834 with the fullest powers to inquire and report. It was composed
    of T.B. Macaulay (as Chairman) and four-members, namely, C.H. Cameron, J.M. Macleod,
    G.W. Anderson and F. Millett. The last three members represented Madras, Bombay and
    Calcutta respectively.
    Following were the areas of work for the commission:
    The penal code:
    The state of criminal law prevailing in the country was very chaotic. In the three presidency
    towns, the supreme court administered the English common law, which has been altered as
    per the needs of the local government. So the law was artificial and complicated that too
    framed in a foreign country that too without any reference to India.
    Moreover, in Bengal and madras, mohhamedan law of crime was the law of the land was
    applied to all, which was way more primitive and unsuitable for a civilized country. The
    Anglo-Indian regulations dealing with the criminal law enacted by different bodies had no
    coordination among them.
    Therefore, criminal law became a patchwork of enactments so confused that it was the first
    subject that invited codification. Thus, under the guidance of lord Macaulay, the work of
    drafting the Indian penal code started and the draft was submitted to the government in 1837
    however enacted in 1860.
    Lex loci report:
    Lex loci in literal sense refers to "the law of the land". There was a great deal of chaos
    engulfed with the question of the civil law which determined the rights of Christians, Anglo-
    Indians, Armenians residing in mofussil area. There was no lex loci or law of the land for
    persons other than Hindus and Mohhamedans in the Mofussil. In this regard the main
    recommendations of the commission were as follows:
    Such laws of England as were applicable to the conditions of the people of India and not
    inconsistent with the Regulations and Acts in force in the country were to be extended over
    the whole of British India outside the Presidency towns and all persons other than Hindus and
    Muslims were to be subject to them.
    All questions concerning marriage, divorce and adoption concerning persons other than
    Christians were to be decided by the rules of the sect to which the parties belonged.
    There was to be a College of Justice at each of the Presidencies with the Judges of the
    Supreme Court and Sadar Courts as members. In all appeals filed the decisions of the
    mofussil courts, the appellate court was to consist of one Judge of the Supreme Court, with or
    without associates.
    Code of Civil Procedure:
    The Commission drafted a Code of Civil Procedure and suggested various reforms in the
    procedure of civil suits.
    Law of Limitation:
    The Law Commission prepared a valuable report on the Law of Limitation and with a draft
    Bill on it, submitted it to the Government on 26th February, 1842.
    Stamp Law:
    Another matter referred to the Commission was Stamp Laws which were in a state of conflict
    and confusion. The Commission submitted its report on 21st February, 1837.
    Conclusion
    The First Law Commission of India made unique contribution to Indian Law. Though the
    drafts of various codes, were not immediately passed by the Legislature as codified law, the
    basic foundation of future codification was laid down by it. The greatest credit goes to
    Macaulay for his initiative in preparing a draft code of Penal Law in India.
    In fact, subsequent Law Commissions were built on the foundations laid by the First
    Commission. The Commission made a unique contribution by submitting the Lex Loci
    Report. It was a major step towards the Rule of Law.

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