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Codification of Law | Meaning | Advantages and

Disadvantages of codification | Condition for
codification | classidication of code and
codification
April 14, 2018
by Rohit Kumar
with no comment
KNOWLEDGE

MEANING OF CODIFICATION
The first question will arise that what is a codification of law, for that first we have to
know about code. In dictionary meaning code is a systematic collection of statutes,
body of law, so arranged as to avoid inconsistency and overlapping. In fact, codification
is the systematic process and reduction of the whole body of law into a code in the form
of enacted law. Thus, the law which previously was in the shape of customs, ancient texts,
judicial decision and fragmentary statutes is collected at one place and presented in
systematic arrangement which is known as code.Salmond defines codification as “the
reduction of the whole corpus juis, so far as practicable to form enacted law.”

THE CONDITION FOR CODIFICATION

For codification, a certain background and a certain stage of social development are
necessary.

Roscoe pound has laid down certain important condition.

Codification exist where the legal institution have completely mature or or where or where
the country has no juristic past.

The uncertainty and archaic character of the existing law.

The development of the efficient organ of legislation.

The need for one uniform law in a political community, whose several subdivision had
developed or received divergent local laws.

Classification of codes.
Codes may be of following kinds:-

Creative- Creative code is that code, which makes a law for the first time without any
reference to any other law. It is lawmaking by legislation. For example – IPC

Consolidated- Code is that code, which consolidates the whole law- statutory,
customary and precedent on a particular subject and declares it. This is done
systematizing and simplifying the law.

Creative and consolidating- The code which makes law as well as consolidates the
existing law on a particular subject fall under this class. For Example- Recent
Hindu legislation.
 Advantage of codification of Law.
Certainty:-

By codification, law becomes certain and uncertain as it generally is in precedent and

custom.

Simplicity-The codification of Law makes law simple and accessible to everybody.

By codification of law on any particular point is made accessible and known to
everyone, so that the citizen come in a position to know their rights and duties well.

Logical Agreement:- By codification law is logically arranged in a coherent form nad

there occurs no chance of conflicts arising among the different provision of law.

Stability:- The codification makes the law simple and stable. Stability is very essential for
law so that the people may have confidence in it and the legal transaction may be made
easily.

Planned Development:- Codification bring uniformity, which in turn helps in the planned
development of the country.

Unity:– Codified Law have uniform and wider application. This helps in developing
affinity and unity among the people, who are governed by the same laws.

Disadvantage of Codification

Rigidity:-

The codification cause rigidity in the law. In the changing condition of the society it
becomes necessary for the law to keep pace with time and charging condition, but once
law is codified it becomes difficult to keep pace with such changes.

Codified laws can be changed only by amendments, but making of an amendment is no

easy and it is also time consuming

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Incompletence :-
Since it is not possible to anticipate all the problem that might arise in future, the codes
are generally incomplete. When any new problem arises it becomes difficult for the people
and the courts to tackle it.

Hardship:- The code generally gives uniform laws, which are applicable to all within the
territory of the country or as a part of it. Its application rarely varies on the grounds of the
customs and habits of the individual. This in some cases, causes great hardship.

We also know that in many countries they follow codified laws and Uncodified laws. The
country which follows codified laws are those constitutions is not written in clear language.
The language will be a blur. Because of this, there is lot of ambiguity.

Many Codified Laws are not applicable to Jammu and Kashmir Why?
Disclaimer

All the information provided in the article is to our best of knowledge on the subject. We
hold no responsibility, whatsoever, in case of any disparency in the information provided.
You could let us know through the comments section or by contacting us through
our Contact Us page if you feel anything mentioned above is wrong. Our team of writers
tries their best to provide the correct information always with a unique choice of words to
deliver the information correctly to you. However, we take no guarantee for it and you’re
completely free to trust or ignore the information provided in the article.

Tags: code, codification definition, codification examples, codification of common

law, codification of international law, codification of law, codified law

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