Legal Reasoning Question 21
Question; Before the Britishers started their administration in India, the bulk of Hindu Law was in the nature of customs based on Vedic tradition. The customs were reflected in the Smritis written from time to time. Muslim Law was based on Quranic injunctions. British period witnessed a lot of change. New ideas were introduced such as establishment of court system, development of procedures, reliance on equity and justice. India was introduced to the western ideas of law during British raj. Regulating Acts and Government of India Acts were passed. Penal Code as well as Procedural Codes were made. Rules regarding evidence to prove the case were also codified. Britishers also established a Law Commission. It was during this period that some major legislations were introduced. On the criminal side, the Indian Penal Code, 1860 and the Indian Evidence Act, 1877 were two main legislations. On the civil side, legislations like Contract Act, 1872 and Civil Procedure Code were passed. Indian Telegraph Act, 1885; Caste Disabilities Removal Act 1850; Hindu Gains of Learning Act, 1930; Hindu Inheritance (-Removal of Disabilities) Act, 1928; Child Marriage Restraint Act, 1929; Female Infanticide Prevention Act, 1870; Hindu Widows’ Remarriage Act 1856; etc. are some of the examples of reforms made during British period by introducing progressive legislations. The Indian Slavery Act is an outstanding example of legal reform that British brought to Indian legal system.
Post independence, the reform of law continued in two major ways. One was by way of judicial interpretation. The courts started giving liberal interpretation to the provisions of Constitution that were designed to protect life and liberty of citizens. The courts also acted as a vigilant watch guard and ensured that the Legislature does not encroach upon individual freedoms including the freedom of press. On the other hand the Law Commission of India made recommendation; to bring in. changes in the existing laws by way of amendments. Such changes were considered necessary by the Law Commission to weed out from the legal framework of India unnecessary roadblocks in the progress of the country. The contribution of Law Commission can be seen in the reports that it has submitted from time to time. The Law Commission is not a constitutional body, it can merely recommend changes. The government is free to accept or not to accept the changes. In what way did the British period saw a lot of legal change in India?
Options:
A) Customary laws were banned
B) Court system, procedures, equity and justice were introduced
C) Both a and b above
D) Neither a nor b above
Show Answer
Answer:
Correct Answer; B
Solution:
- (b) The British introduced a lot of changes including establishment of courts, development of procedures, introduction of equity and justice etc. However, the customary laws were not banned. In fact the modern legal system also has place for customary laws such as Hindu Marriage Act and Personal law of Islam.
BETA
