March 19, 2002

       India and Canada have interacted recently with the Malaysia Bar Council and its Law Reform and New Legislation Committee for creation of a Law Commission in Malaysia. The interaction took place at Kuala Lumpur.

        The forum was declared open by the Malaysian Minister of Law, Datuk Seri Utama Dr. Rais Yatim. The Chairman of the Law Commission of India, Shri Justice M. Jagannadha Rao and the Law Commissioner of Canada, Mr. Alan Buchanan gave a presentation of legal reforms in their respective countries. The Advocate and the President of the Commonwealth Law Association Dr. Cyrus Das and Prof. Dato Seri Visw Sinnadurai, former Judge of High Court of Malaysia took part. The present Law Revision Commissioner in the Chambers of the Attorney General, Malaysia, Ms. Salmah bte Abdu Rahman, presented the broad outlines of proposals that the Law Commission for Malaysia would take up for Law Reforms and Law Revision as may be referred to it by the Attorney General. She said that the proposed Law Commission for Malaysia would be guided by an Advisory Council representing the Bar, Bench, NGOs and others. Besides, the Bar Council of Malaysia presented a draft bill for the constitution of a Law Commission for that country for consideration by the Legislature.

        Referring to the fact that in most countries Law Commissions were constituted by statutes, Shri Justice M. Jagannadha Rao pointed out that the first Law Commission in Indian was established in 1835 under the British Charter Act of 1833 of which Lord Macaulay was its Chairman and that the said Commission drafted the Indian Penal Code, 1860. The Second Law Commission was constituted by the Charter Act of 1853. The Third Law Commission, which was constituted in 1861 resigned in 1870 as Government wanted to modify the drafts prepared by the Commission. The fourth Law Commission was constituted in 1879. The Indian Penal Code, 1860, drafted by Lord Macaulay, the Indian Contract Act, 1872 and the Indian Evidence Act, 1872 drafted by Sir James Stephen were bodily copied into the laws of Malaysia, Singapore and Sri Lanka. After independence, the first Law Commission was constituted in India in 1955, headed by country’s first Attorney General, Sir M.C. Setalvad. It was pointed out by Justice Rao that the Indian Law Commission which is reconstituted every three years has so far submitted 179 Reports to the Government of India, of which 96 have been implemented, 45 are under consideration, 4 have to be tabled in Parliament, while 34 were not accepted. Justice Rao emphasized that, whether a Law Commission was statutory or otherwise, it must be independent and be able to take up law reform suo motu also, apart from reference by Government and that it would express its views in an independent manner, leaving it to the Government whether to accept the Report fully or partly or not to accept them. Secondly, before making recommendations, the Commission must consult all sections of the pubic and NGOs, receive responses and take them into account.

        The Bar Council of Malaysia and the Law Commissioner, Malaysia (in the Attorney General’s office) thanked the Indian Law Commission and the law Commission of Canada for presenting their experience, and for their valuable suggestions.