HISTORY OF CODES IN INDIA

 

HISTORY OF CODES IN INDIA

 

Due to the diverse nature of Indian society, the British found it challenging to govern the various practices, norms, cultures, and customs prevalent across the region. Thomas Babington Macaulay sought to codify Indian law to test the effectiveness of standardized statutes. His goal was to create a legal code that was uniform and symmetrical in all areas, grounded in the principle of utilitarianism. Consequently, India began its transition from an informal system based on social norms and practices to one governed by formal institutions and statutes.

For millennia, local customs and practices had been followed by the indigenous peoples of India. Rather than adhering to a single set of rules or regulations, Indians operated within their own traditions and customs, enjoying considerable freedom from external constraints. This long-standing adherence to their traditional systems exemplified "path dependency," meaning that the established practices and norms heavily influenced future behaviors and changes.

The concept of path dependency suggests that the longer a particular route has been followed, the more complicated and costly it becomes to switch to a different one. This is due to the "increased returns" or positive feedback that many individuals have experienced over time, making changes to the established course challenging.

When the British introduced formal regulations and codified laws, there was a significant shift from informal to formal institutions. Criminal law, designed to be applied universally, was relatively straightforward to implement. However, Warren Hastings opposed the codification of Indian personal laws, recognizing the risks involved and preferring to avoid interference in such deeply rooted aspects of Indian society.

 

Codification in India

The British Parliament's Charter Act of 1833 established a Law Commission with the task of consolidating and codifying Indian laws. The Act specified that a fourth member of the Governor-General's Council for India should be a legal specialist dedicated to the formulation of laws. Subsequently, Lord Macaulay was appointed as an ordinary member of Parliament, taking an active role in drafting new legislation in consultation with the Governor-General.

In 1869, the Legislative Department was established to handle the significant responsibility of lawmaking. Prior to this, legislative proposals were initiated by the department overseeing the relevant subject matter. Once the Legislative Department was formed, it took over the responsibility for drafting and managing the Bills. While serving as Secretary of the Legislative Department, the Viceroy's Council also had a secretary responsible for enacting new legislation. Together with the Law Member, he drafted all the bills presented to the Council for consideration. The efforts of the Law Commission during the latter half of the 19th century led to several significant pieces of legislation. One notable example is Lord Macaulay's work on the Indian Penal Code, which remains in effect to this day.