Lex Loci 

Report - Lex Loce means law of the land there was no lex loci or law of the
land for non Hindus and non- Muslims residing in mofussil areas. However, there was
law for those non- Hindus and non- Mulsims who were inhabiting in Presidency towns.
There was a lot of uncertainty with regard to the civil law applicable to the Christians,
Anglo- Indians and Armenians residing in the Mof'ussil.
d.              The commission recommended various changes in the procedure in civil
seuts and drafted a code of civil procedure in 1842 and prepared a draft code of the
law of Lunitation in British India. Activity of the First Law Commission declined when
Lord Macaulay returned to England.
              After the retirement of Macaulay from the law Membership, the Commission
lost much of its validity. There were two main reasons for its facture.
Firstly, there were too frequent changes in the supreme Govt. of the Country. There
was a general lack of direction and leadership in the Govt. of India and uncertainly
regarding the polices to be followed.
Secondly, The G.G. and Council were mostly busy with the political and military affairs
in the country and so could not find enough time to devote to the problems of
legislation and law reforms.
           A great uncertainty and ambiguity prevailed in civil law which determined
the rights of Christians, Anglo- Indians and Armenians residing in the Mofussil
areas of the Company's settlements. The East India Company was already
seized of the problem. So, when the First Law Commission was established in
India, this work was assigned to the Commission to frame laws for non-hindus
and non- Muslims living in the Mofussil areas of the Country.
              Reasons of ' Lex Loci.- In this field, justice, equity and good
conscience was to be their only guide. In Bombay some exceptions, viz. "custom
of the country" or "law of the defendant" were however, granted.
              Remedies- The First Law Commission was made aware of the
situation in 1837. To solve this situation the Commission proposed that an Act
should be passed on the basis of the substantive law of England, the law of the
land, i.e. lex loci outside the Presidency Towns. This report was called the lex
loci report. But it wass subject to certain restrictions and safeguards as follows:-
(1)           It must be in conformity with Regulations of any Presidency and so
much only as it suited to the place.
(2)           It was not to apply to any person professing any religion other than
the Christian religion in matters of Marriage, Divorce or Adoption.
(3)           Law and usage immemorially observed by any race etc. were to be
preserved.
(4)           No Act of Parliament passed since 1726 was to be applied unless
the Act was especially extended to India.
(5)           Rules of Equity were to prevail over the rules of English law.
(6)           Nothing in the above proposition was to apply to any Hindu or
Mohammendan.
The question being important, the Government hesitated to make it law. The
Government circulated it to Local Government and high judicial officials for their
 opinion. The lexi-Loci Report was submitted to the Government on 31st
October, 1940.
Criticism of the Report- The Commission's report was Criticised outrightly.
The main objections were:-
(1)           it was a complicated one.
(2)           The Mofussil Court being ignorant of technical knowledge of
English law, would be unable to enforce the provisions of it.
(3)           The Courts were not well familiar with the vastness of the
English law, which had to create a lot of trouble while enforcing it.
(4)           Some suggested that the substantive law should be defined by
preparing a digest of the English law which was sought to be made
applicable.
The Commissioner of the Agra Division observed on the report, "
whatever department of the substantive law of England is to become the
substantive law of the place for our Indian territories in general, should
be introduced gradually by embodiment with all requisite modification
into individual successive Acts of the Indian Government  as practical
necessity might arise or be forseen, and in this way the Indian Court
might draw light from English jurisprudence and a body of law be
created, than with a greater legislative boon could hardly be given to the
country, both immediately  as a safeguard to private rights and indirectly
in its influence on the character of our Indian Courts of Justice. " Others
criticized it for its " want of precision as to the extent to which the law of
England is to be introduced." In their opinion " the system of English law
is so vast and the application of it attended with so many difficulties that
to Judges not previously trained to its study the difficulties in this country
will be almost insurmountable.
              However, nothing came out of the proposals of the First Law
Commission and they died out by the efflux of the time. But the fact that
it directed the attention of the intelligentia to understand the problems
inherent in the process of codification of laws in India.
              The immediate effect of the lex loci report of the First Law
Commission resulted in passing the Act known as the : " Freedom of
Religion Act" or Caste Disabilities Removal Act of 1850."
              Further, the Report brought into existence the appointment of the Second
and Third Law Commissions, the efforts of which brought many important legislation in
India.