Proper codification of law

In our country you may find tons and tons of LAW  which includes  center Promulgated Law, State Promulgated Law. To add to such LAW also we find plenty of rule, regulation, and executive instruction. India as common law country not only limited by these laws but also it is supported by precedent made by judges i.e higher batch to lower batch, superior judiciary to inferior judiciary, latter precedent to earlier  precedent.

In short for a layman it is very difficult to find out the law which fits its cases from sea of information. When he approaches a Lawyer he again confuses as every   Lawyer give different view. Also there is no dearth of people in India to give advice in legal field.

In  contrast in civil law country like Rome and Germany only parliament made law prevails. There is very few applicable of precedence. So the likely outcome of the case is more predictable. However it has its own limitation that LAW is less dynamic compared to common Law country such as India, England, USA etc.

In India every years number of Law being passed and number of Law being amended. However the nomenclature use is name of act followed by year of passing. Unless  a person is up to date and through in the subject it is very difficult to track the latest development.

We can take here the analogy of management of Library. Earlier it was very difficult to trace a book in big library. To mitigate such problem   proper coding is being introduced which make it easier to find a book in library.

In the same manner if  LAW  enacted by  Parliament and Assembly will be  encoded with a  simple  format then it will be useful to find out the  Law and  will be helpful to  layman.

There may be various methods to design the format of codification. It is a research subject. The simple format may be a format with some defined field. The first field may tell whether it is central or state Law and may be acronym as C or S. Second filed may tell type of law such as Civil/Criminal/ Family. The third field may contain date of   enactment. The fifth field may indicate section of the Act.  The fifth filed may indicate whether any further rule / regulation framed for such section. Then again such regulation can be codified. Further any decision of the courts relating to this section may be suitably inserted.

Hence by some method of codification it is possible for a person to pin point and find out the   Law which he is searching.

It is also true that every day judges of HC and SC declaring/modifying LAW by interpretation of  existing LAWS . This source of  LAWS so widespread that it is very difficult to track the development. A lawyer is also faced same difficulty and mid night oil burning to make him up to date.

The main problem is how such interpretations are to be codified. Why not government   makes some notification for such interpretation and makes notification mandatory for its applicability. So that people can refer such notification only rather than searching seas of information.

To make the matter simple government should also design a web site in which you can find every Law /Rule/Executive instruction. At present such matter spreads in different web site and also incomplete in form.  This web site should also contain judicial pronouncement of Law or its further clarification.

 

manoj ku patel 
on 04 September 2015
Published in Civil Law
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