Wednesday 2 July 2014

Law commission

  In Bangladesh, there is a law commission as it was before the establishment of Bangladesh. there is a significant history behind creating this commission. you can get to the idea if read this article carefully.

Background
In the Indian sub-continent the first Law Commission was established in 1834 under the Chairmanship of Lord Macaulay under the Charter Act of 1833. Thereafter the second, third and fourth Law Commissions were consecutively established in 1853, 1861 and 1879 respectively. The first Law Commission in addition to other recommendations made recommendations for codification of the Indian Penal Code, 1860 and the Code of Criminal  Procedure,  1898.  The  consecutive  three  Law Commissions enriched the treasure of the laws of the Indian sub- continent by initiating a large number of diversified laws. Besides, the Indian Penal Code and the Code of Criminal Procedure, the Code of Civil Procedure, 1908, the Evidence Act, 1872, Indian Contract Act, 1872 and the Transfer of Property Act, 1882 etc. are the outcome of labor of the aforesaid four Law Commissions. 


During the Pakistan period two Law Reform Commissions; first one under the Chairmanship of Mr. Justice S.A. Rahman in 1958 and the second one under the Chairmanship of Mr. Justice Hamoodur Rahman in 1967 were established. Justice S.A. Rahman Law Reform Commission examined the causes of delay in  disposal  of  Civil  and   Criminal  cases  and  also  made recommendations for making suitable amendments in the related laws. Justice Hamoodur Rahman Law Reform Commission submitted an exhaustive report in the matter of delay of disposal of Civil and Criminal cases.


After emergence of Bangladesh  the first  Law  Reform Committee was formed in 1976 under the Chairmanship of Mr. Justice Kemal Uddin Hossain. Later on a Law Reform Committee was formed in 1979 under the Chairmanship of Mr. Justice Altaf Hossain. The aforesaid Law Reform Committees amongst other issues examined the procedural aspects of Civil and Criminal Code and made some recommendations of relevant laws for speedy disposal of Civil and Criminal cases. In 1990 another Law Commission was set up under the Chairmanship of Barrister Ashrarul Hossain. This Commission existed for a short period and it made recommendations on the reforms of the Code of Civil Procedure, 1908 and  some other laws. A temporary Law Reform Commission was established on May 25,1996, in pursuance of the executive resolution dated 7-4-1994 vide No 120-Law/vetting/33/93 with Mr. Justice Naimuddin Ahmed as a Member as well as Acting Chairman. On 4th August, 1996 the former Chief Justice of Bangladesh Mr. Justice Dr. F.K.M.A Munim was appointed the Chairman of the Law Reform Commission. It has various activities, for example recommending law makers to create clean laws for the citizens. 

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