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Question

Which of the following statements about the Law Commission headed by Lord Macaulay is/are correct ?

1. It attempted to codify the laws.

2. It was opposed to uniform system of Courts.

Select the correct answer using the code given below :

This question was previously asked in
NDA I 2021 GAT Previous Year Paper (18-Apr-2021)
The correct answer is

1 only

Understanding the Law Commission Led by Lord Macaulay

The question asks about two specific aspects of the Law Commission that was headed by Lord Macaulay. This commission played a very important role in shaping the legal system in British India. Let's look at the statements given.

Analyzing Statement 1: Attempt to Codify Laws

Statement 1 says that the Law Commission headed by Lord Macaulay attempted to codify the laws. Codification means arranging laws in a systematic code. The First Law Commission was indeed established under the Charter Act of 1833 with the primary aim of codifying Indian laws. Lord Macaulay was its first chairman. This commission worked extensively and its recommendations led to the drafting of significant legal codes, such as the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure of 1872, and the Code of Civil Procedure of 1908 (though enacted later, the foundation was laid by these early efforts). Therefore, it is correct that the Law Commission headed by Lord Macaulay attempted to codify the laws.

Analyzing Statement 2: Opposition to Uniform System of Courts

Statement 2 claims that the Law Commission headed by Lord Macaulay was opposed to a uniform system of Courts. The historical context suggests the opposite. Before the Law Commission's work, the judicial system in different parts of British India was quite fragmented and inconsistent. One of the goals of the British administration, and consequently the Law Commission, was to bring uniformity and consistency to both substantive law (the laws themselves) and the procedural law and the court system. The recommendations of the Law Commission and subsequent acts aimed at creating a more streamlined and uniform judicial administration. The eventual establishment of High Courts in Presidency towns (Calcutta, Bombay, Madras) under the Indian High Courts Act, 1861, which replaced the earlier Supreme Courts and Sadar Adalats, was a step towards judicial uniformity, influenced by the need for a more organized system that the Law Commission's work highlighted. Therefore, the commission was not opposed to, but rather contributed to the movement towards a uniform system of courts and law.

Conclusion on Statements

Based on the analysis:

  • Statement 1: It attempted to codify the laws. This is correct.
  • Statement 2: It was opposed to uniform system of Courts. This is incorrect.

Thus, only statement 1 is correct.

Revision Table: Macaulay Law Commission Key Aspects

Aspect Description regarding Macaulay's Law Commission
Establishment First Law Commission (1834) under Charter Act of 1833
Chairman Lord Macaulay
Primary Objective Codification of Indian Laws
Key Contribution Drafting the Indian Penal Code (IPC)
Stance on Courts Aimed towards uniformity and streamlining judicial administration

Additional Information: Impact of Law Commissions in India

The tradition of Law Commissions continued in India after the First Law Commission. Subsequent Law Commissions were formed to further revise, consolidate, and codify various branches of law. The work started by the Law Commission under Lord Macaulay was foundational in creating a structured legal framework for India. The concept of codification brought clarity and accessibility to the laws, moving away from diverse, often unwritten, traditional laws.

Key takeaways regarding the Law Commission headed by Lord Macaulay:

  • It was the beginning of systematic codification of laws in India.
  • It did not oppose but facilitated the move towards a more uniform judicial system.
  • Its work was crucial for the development of modern Indian law.
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