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Macaulay And The Myth Of English Law Superiority: Origin Of The Law Commission Of India




Syeda Aneeqa Afzal, B.A. LL.B. (Hons.), Jamia Millia Islamia

ABSTRACT

The codification of laws in colonial India, undertaken through the Charter Act of 1833 and the Law Commissions, gives rise to contrasting viewpoints regarding the "need for codification" as advocated by the British. One perspective emphasizes the purported "modernization" of Indian laws, while the other posits that it stemmed from the Monarch's waning authority and the deficiencies in the English legal system itself. This analysis further underscores the divergent objectives pursued by Thomas Babington Macaulay and the Law Commission, both aimed at upending the existing legal framework to establish a British-oriented, profit-centric law. This arbitrary interference left a lasting impact on India's legal heritage, significantly altering its legal landscape.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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