The Law commission of India: A critical analysis of its contributions to law reform

Garimella, Sai Ramani and Mohanty, Gautam (2023) The Law commission of India: A critical analysis of its contributions to law reform. In: Law Reforms Around the World : Perspectives from National and International Law. Routledge, Oxon, pp. 141-151. ISBN 9781003329688

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Abstract

The activity of law-making, law revision, and the possibility of structured legislative engagements were documented as part of the East India Company’s pursuits in India, or as the Charter of 1600 referred to it, the East Indies. The sub-continent itself, in its long and chequered history of governance before the said charter, has had structures that addressed the legislative activity, as various kingdoms that flourished within the region had constantly engaged in the consultative process of law-making. However, it needs to be noted here that the consultative process largely remained as an aid and advisory procedure to help the king in law-making. Interestingly, ancient India was aware of the importance of law reform, as explained in the duties of the king under customary law. This research, beginning with a historiographic exploration of pre-Independent India, traces the work of law reform and the institutional structures in three periods – the early Indian period unto the advent of the Muslim rule, the law and reform during the Mughal rule, and the law and law reform during the colonial period. The second part presents the work of law reform in post-independent India. The third part attempts to engage with critiquing the process to ensure that law reform is engaged with and accountable to the needs of the society.

Item Type: Book Section
Keywords: East India Company | Law | Pre-Independent India | Mughal rule
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 18 Dec 2023 09:39
Last Modified: 18 Dec 2023 09:39
Official URL: https://www.routledge.com/Law-Reforms-Around-the-W...
URI: https://pure.jgu.edu.in/id/eprint/7057

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