A HISTORICAL ANALYSIS INTO THE CODIFICATION OF LAW (BASED ON THE LEGAL SYSTEM IN BRITISH INDIA IN THE 19TH AND THE 20TH CENTURIES)

ABSTRACTThis paper aims to give a clear and concise account of the processes regarding codification. It aims to use the model of codification implemented in British India across the 19th and the 20th centuries. The paper is based on the principle of codification emerging from the legal maxim ‘ignorantia juris non-excusat’ which states that ignorance of the law is no excuse. The objective of the paper is to reiterate the importance of codification of law with regard to the evolution of law and the need for uniformity in law. The paper also provides an outlook with regard to the impact that the process of codification had in India over the years. Subsequently, it also provides a comprehensive review of the disadvantages of the codification and whether it outweighs the advantages provided by the same. Ultimately, the paper aims to establish the basic principle of codification and how it acted as a force of change in the field of law. The paper has been divided into five sections with Section I covering the introduction of the paper. Section II delves into the historical context of codification and the contributions of Jeremy Bentham in the subject. While Section III gives an overview of the Charter Acts implemented in British India, Section IV provides an observation of the impact and the disadvantages of the system of codification. Section V and Section VI deal with the conclusion and the bibliography of the paper respectively.Keywords- Codification, Jeremy Bentham, Charter, South Asia, Executive, Legislature etc.