Q. What is codification? What are the merits and demerits of codification? [20 marks - 2019]
Codification of Law
Codification is the process of compiling laws into an orderly formal
code. The code is a systematic compilation of existing laws to be included
in a legislative statute. It is a compilation of all the laws in force,
including the enacted laws and case law, covering a complete legal system
or a specific area. A code can make the formulation of legal principles
and rules more concise, clear, and thorough, so that people can understand
the rules more quickly and comprehensively.
Merits of codification
1) Certainty: By Codification, law becomes certain. It no longer remains vague and uncertain as it generally in precedent and custom.
2) Simplicity: The codification makes law simple and by the way of simplicity it makes it easy and accessible to everybody. By code anyone can know the law on a particular point. This enables the citizens to know their rights and duties and thus greatly helps the administration of justice.
3) Logical arrangement: In code, law is logically arranged in a coherent form. There are little chances of any conflict arising among the different provisions of the law. Thus, the law is coordinated and systematized in the code.
4) Stability: The codification makes the law stable. The law which comes into existence by the way of other sources has not that much of stability. Stability is very essential for law so that the people may have confidence in it and the legal transaction may be made easily and smoothly.
5) Unity: The codification is an instrument of forging unity among the people. Codified laws have uniform and wider application. Thus it helps in creating unity and integration in a country.
6) Planned development: The planned development in a country is possible only through codification. A nation cannot make the desired divergent ways. By codification there comes uniformity and the desired development is speedily achieved.
Demerits of codification:
1) Rigidity: The codification causes rigidity in the law. It is essential that the law must keep up with the time and should change itself to new conditions. When the law once it is codified, there will be a little scope that there maybe a little change. When the law is codified, the only way of changing it is through the way of amendments. Generally, it is not easy and it takes time. Hence, codification gives rigidity to law.
2) Incompleteness: The codes are generally incomplete. It is not possible to expect all the problems that might arise in the future. Therefore, provisions cannot be made for them in code. Thus, by this way the code is incomplete. Thus, in regard with the law, the indefiniteness and uncertainty happens.
3) Hardship: The code generally provides uniform laws, which are applicable to all present within the territory or part of it. The application rarely views on the grounds which say about the customs, convictions and that even includes the habits of the people.
4) Defective codes: Certain defects are bounded in a code. They cannot be removed and it can be removed by the legislative amendment. This causes great delay and inconvenience. Hence, the defects of a code remain for a very long time.
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