regarding the second law commission in india

1. PPT ON
Second law
comm0ission
(1853-1856)

2. Introduction:-
The second law commission consisting of seven member was
appointed on Nov,9,1853 for a period of three year under the
chairmanship of Sir John Romilly. The other member were Sir
John Jervis ,Sir Edward Ryan ,Lord Sher Brooke , C.H. Cameron ,
John M. Macleod and T .F. Ellis. The commission held its sittings
in London till the middle of 1856 and submitted four reports
these , second report , which was submitted in February 1855 ,
was most important as it dealt with the grounds on which the
codification of substantive law was to be carried out for India.

3. First Report:-
The second law commission submitted its first report in 1855 in
which it proposed the amalgamation of the supreme court at
Fort William with Sadar Diwani and Sadar Nizamat Adalats and
suggested that a high court be established in place of those
three integrated courts . Besides , the commission also
suggested the preparation of uniform codes of civil and criminal
procedure applicable to the newly proposed High Court and
also to all the inferior courts subordinate to it.

4. Second Report:-
In its Second Report , the law commission agreed with the lex loci Reports of
the First Law Commission that there should be substantive civil law for the
inhabitants of the mofussil. The commission expresses a view that only so
much portion of English law should be adopted in India which did not offend
the sentiments , the customs and traditions of the natives. It further
suggested that matter not falling under the codified English law , should be
decided according to the principles of equity , justice and good conscience.
The commission was opposed to the idea of codification of personal law of
Hindu and Mohammedans .

5. Third Reports:-
In its third report the commission proposed a plan for
establishing a judicial system and procedure for the courts in
norths western provinces. The judicial system proposed by the
law commission was similar to that of Bengal will minor changes
to meet the special requirements of the frontier region.

6. Fourth Reports:-
The fourth report of the law commission suggested a judicial
plan for the presidencies of Bombay and Madras on a uniform
pattern.

7. Codes Prepared by the Second Law
Commission:-
The second law commission submitted four draft codes on civil
procedure which were finally introduced as codified civil law
under the Act No. VIII of 1859. The code was , how ever ,
repealed twice in 1877 and again in 1882. Finally, the civil
procedure code of 1908 was enforced throughout the country
which remain , in force even today.
The penal code drafted by Lord Macaulay in 1837 was revised
by Sir Barnes peacock who was one of the member of the
second law commission. It was finally enacted and passed in
1860.

8. This code has undoubtedly proved to be the most efficient piece of
legislation which continues in force even to tis day. However ,
consequent to the Indian Independence in 1947 , the conditions have
drastically changed and therefore, the penal code need to be
thoroughly revised. The task of reviewing the code for changes in
under progress by a committee of experts appointed by the
government of the India for the purpose.
The code of the criminal procedure , was also enacted in 1861, which
was based on the recommendations of the second law commission. In
1859, the limitation act, was enacted.
The Indian high courts act was passed in 1861 whereby the supreme
courts and Sadar Diwani and Sadar Nizamat Adalats were abolished
and in their place , a high court was established in each of the
presidencies.