Law is never static. It is a logical, self contained, autonomous, and changing system. It changes according to social needs. It undergoes changes due to socio economic pressures and customs.
Law Reforms Pre-independence
In the pre-British inai3, Hindu customs and Dharmasastras and Islamic Quranic injections were followed by the Hindu and Muslim kings and emperors. Both the Dharmasastras and the Quranic injections were rigid and were not changed according to the changing social-circumstances.
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After entering the East India Company, the company introduced western judicial and administrative reforms in India. From 1600 to 1858, the East India ruled India under the control of the British Crown.
After 1858 to 1947 the Crown himself ruled India. During this smallest period, i.e. from 1600 to 1947 of the entire Indian History, drastic changes were occurred in India in the fields of socio, economic, political, administrative, judicial systems.
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Constitutional changes were accrued. Social Reforms were brought. English was introduced. Modern culture and civilization were introduced.
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Warren Hastings, Cornwallis, Bentinck, etc. prepared the rules, regulations for the smooth running of the civil and criminal justice. They applied English law in India. Justice, equity, good conscience which is the English Principles of justice has been adopted in India.
The First Law Commission was appointed by the Charter Act of 1833 and the Second Law Commission was appointed by the Charter Act of 1853. Both these Law Commissions prepared drafts for several Acts for India.
The period of Third Law Commission can be described as “Golden Age of Codification,” which brought several law reforms in India.
The Acts which were prepared by the Law Commissions before independence of India, still now are binding and applicable in India.
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Law Reforms Post Independence:
After independence, the Constitution of India has been adopted on 26th January, 1950. It is a comprehensive document containing elaborate details for a good Government for this country.
It comprises 395 Articles and 10 Schedules. It has been amended 78 times up to 1995. It is the lengthiest Constitution of the world. Fundamental Rights are guaranteed to every citizen of India in Part-Ill of the Constitution of India.
Whenever these rights are violated, the remedies in the nature of writs, i.e., Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari are granted.
Advantages:
There are three advantages of taw reforms. They are:
Uniformity and Certainty:
The state” formulates certain rules. Such rules must be uniform certain and permanent the people shall known them and abide them. Whoever violates such rules is punished by the courts.
The people, knowing the consequences of such violation, shall be abiding them. The people, who abiding the law, are called “Law-abiding citizen”. The people, who are violating the law, are called “wrong-doers”.
Generally the ratio of “wrong- doers are very less, comparing with those of Law abiding citizens”. Therefore peace prevails in the society.
Protection against Arbitrary Decisions
Impartiality is the foundation stone of the administration of justice. The people will, give the respect to justice, when it gives impartial decisions.
Therefore, the state formulates such fixed rules for the protection of those citizens against arbitrary, biased and dishonest decisions.
The personal bias, i.e. personal friendship, personal hostility, family relationship, professional relationship, employer and; employer and employee etc. is strictly eliminated from the administration of justice.
Similarly, ‘Audi alteram parten” (Hear the other side before giving the judgment) is also another important rule of administration of justice.
The Collective Wisdom
The rules of the law are created by the collective wisdom of the community. They are resultant of the vast experience, customs and judicial decisions of the state. In forming these rules huge time has been consumed.
Several thousands of jurists and legal experts rendered their hard work. The sitting judge has to go in the path already deeded. Sound conclusions, are already formed.
Disadvantages of Law Reforms
There we advantages of law reforms to the society to a great extent But at the same time, there are some disadvantages too, just like every rose has thorns. The disadvantages of Law reforms are as follows:
Rigidity:
The common criticism is that the Law is very rigid. Rigidity is the first vice; the rules are framed for purpose of general application m similar situations. Sometimes particular incidents mayarise in unforeseen classes of cases. In such circumstances, the rigidity of the law may cause harm to that particular person.
Conservatism:
This is second vice. Man changes from time to time. Society develops from time to time. Man’s habits, thinking, social circumstances are flexible.
But the law is conservative. The principles of law are fixed, uniform, certain and permanent. They do not change or amend with the speed of the man’s thinking and social change. It requires time to change.
Formalism and Technicality
The rules of the law are farmed for the welfare of the society. It is the advantage of the justice. It is the picture of one side of the coin. But the other side shows adverse results. The Law follows tie formality and technicality.
For every disputed matter, there is a specified from technical/formulated. It is tried that in several instances. The wrongs are done. But due to the failure in adopting the formalism and technicality, the cases are fated in the Courts and administration and wrong-doers are acquitted.
More importance has been given to formalism and technicality in the court and administration. Sometimes, the same importance -becomes fatal weakness and causes term to the society.
Complexity:
Lin due and needless complexity is the fourth; vice. The legislatures are making the rules very frequently. The language used by them is also causing undue complexity due to the hastiness.
The complexity caused confusion in the minds of the lawyers and jurists. Moreover advocates have tendency to interpret the very minute distinctions of the law in the interests of their clients. The real point goes behind the certain and the wrong-dore is saved.
Expensive:
To-day seeking the justice becomes very expensive in every country. India is not an exception. The poor cannot afford the huge expenses, viz, lawyer’s fees, traveling charges, etc.
Much time of the litigants, lawyer and Courted is consumed. Much consumption of time is equal to many expenses. Delay is caused. Delayed justice is not a justice.