Pre-Independence Law Commissions of India
The First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay. It suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India. Few of the most important recommendations made by this First Law Commission were those on, Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under;
First Pre-Independence Law Commission | Second Pre-Independence Law Commission | Third Pre-Independence Law Commission | Fourth Pre-Independence Law Commission | |
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Chairman |
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Members | (1) J.M. Macleod, (2) G.W. Anderson, and (3) F. Millet | (1) Sir Lord Jervis, (2) Sir Edward Ryan, (3) R. Lowe, (4) J.M. Macleod, (5) C.H. Cameron, and (6) T.E. Ellis | Initially (1) Sir Edward Ryan, (2) R. Lowe, (3) J.M. Macleod, (4) Sir W. Erle, and (5) Justice Wills. Subsequently Sir W. Erle, and Justice Wills succeed by Sir. W.M. James and J. Henderson. Later J. Henderson replaced by Justice Lush. | (1) Sir Charles Turner, and (2) Raymond West |
Reports | Penal Code (2 May 1837) | Code of Civil Procedure and Law of Limitation (1859) | A code for Succession and Inheritance for Indians other than Hindus and Muslims (1865) | Code of Negotiable Instruments (1881) |
Lex Loci (role and authority of English law in India) (31 October 1840) | Penal Code (1860) | Draft Contract Law (1866) | Code on Trusts Law (1882) | |
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Code of Criminal Procedure (1861) | Draft Negotiable Instruments Law (1867) | Code on Transfer of Property and Easements (1882) | |
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Draft Evidence Law (1868) | Revised Code of Criminal Procedure (1882) | |
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Revision of Code of Criminal Procedure (1870) | Revised Code of Civil Procedure (1882) | |
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Draft Transfer of Property Law (1870) |
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Draft Code on Insurance (1871) |
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A Two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;
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