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Law Commission of India
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Law Commission of India
Motto
Reforming the Law For Maximising Justice in Society and Promoting Good Governance under the Rule of Law
Formation
First 1834; Current 2016-03-10
Type
Agency of Government of India
Legal status
Ad hoc, term based
Purpose
Law Reform in India
Location
2nd Floor, ILI Building, Bhagwandas Road, New Delhi - 110 001
Membership
Chairman, 1 Permanent Member, 1 Member Secretary, 2 Part-time Members, 2 ex-officio members
Chairman
Justice B. S. Chauhan (21st Law Commission)
Full-time Member
Justice Ravi R. Tripathi and S.Siva Kumar
Part-time Members
Satya Pal Jain, Bimal N. Patel and Abhay Bharadwaj
Website
www.lawcommissionofindia.nic.in
Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform. Its membership primarily comprises legal experts, who are entrusted a mande by the Government. The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice
The first Law Commission was established during the British Raj era in 1834 by the Charter Act of 1833. After that, three more Commissions were established in pre-independent India. The first Law Commission of independent India was established in 1955 for a three-year term. Since then, twenty more Commissions have been established. The 20th Law Commission was established in 2013 under the Chairmanship of Supreme Court Judge, D.K Jain. Its tenure was fixed till 2015. The present Law Commission was established in 2015, and has tenure to 2018. The terms of reference of the Law Commission include the review and repeal of obsolete laws, the examination of existing laws, the revision of central Acts of general importance, &c. In November 2013, the Centre appointed former Chief Justice of Delhi High Court Justice Ajit Prakash Shah as the New chairman of the 20th Law Commission of India in place of D.K Jain who has taken over as president National Consumer Disputes Redressal Commission, Shah has a three-year tenure and has been saddled with a wide terms of reference including one to examine existing laws from the gender equality perspective and suggest necessary amendments.
Justice Balbir Singh Chauhan, a former judge of the Supreme Court was appointed Chairman of the 21st Law Commission on 10 March. This post was lying vacant since September 2015. 66-year old Justice Chauhan is currently heading the Cauvery River Water Disputes Tribunal. One of the key issues pending before the Law Commission is a call on amending the Indian Penal Code (IPC) amid allegations of abuse and arbitrary use of the law.
Contents
[hide]
1 Evolution of Law Commission in India
2 Pre-Independence Law Commissions of India
3 Law Commissions in Independent India
3.1 First Law Commission
3.2 Second Law Commission
3.3 Third Law Commission
3.4 Fourth Law Commission
3.5 Fifth Law Commission
3.6 Sixth Law Commission
3.7 Seventh Law Commission
3.8 Eighth Law Commission
3.9 Ninth Law Commission
3.10 Tenth Law Commission
3.11 Eleventh Law Commission
3.12 Twelfth Law Commission
3.13 Thirteenth Law Commission
3.14 Fourteenth Law Commission
3.15 Fifteenth Law Commission
3.16 Sixteenth Law Commission
3.17 Seventeenth Law Commission
3.18 Eighteenth Law Commission
3.19 Nineteenth Law Commission
3.20 Twentieth Law Commission
3.21 Twenty-First Law Commission
4 Working of the Law Commission
5 Role of Law Commission in legal reform in India
6 See also
7 Notes
8 References
9 External links
Evolution of Law Commission in India[edit]
Republic of India
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Governor
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Divisional commissioner
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The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company, which was granted Royal Charters and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the Company exercised control.[1] During this period of administration by the Company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This was considered as a major stumbling block for proper administration by the British Government during the times which is now known as the British Raj. In order to improve the law and order situation and also to ensure uniformity of legal administration, various options were looked for. Until then the British Government had been passing various enactments to deal with particular situations, such as the Prohibition of Sati in (1829) by Lord William Bentinck under the influence of Raja Ram Mohan Roy. However it was for the first time in (1833) that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul was instituted.
Pre-Independence Law Commissions of India[edit]
The First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay.[2] It suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India. Few of the most important recommendations made by this First Law Commission were those on, Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under;
First Pre-Independence Law Commission
Second Pre-Independence Law Commission
Third Pre-Independence Law Commission
Fourth Pre-Independence Law Commission
Established 1834 1853 1861 1879
Chairman Lord Macaulay[2] Sir John Romilly[3] Sir John Romilly[3] Dr. Whitley Stokes[4]
Members[3] (1) J.M. Macleod, (2) G.W. Anderson, and (3) F. Millet (1) Sir Lord Jervis, (2) Sir Edward Ryan, (3) R. Lowe, (4) J.M. Macleod, (5) C.H. Cameron, and (6) T.E. Ellis Initially (1) Sir Edward Ryan, (2) R. Lowe, (3) J.M. Macleod, (4) Sir W. Erle, and (5) Justice Wills. Subsequently Sir W. Erle, and Justice Wills succeed by Sir. W.M. James and J. Henderson. Later J. Henderson replaced by Justice Lush. (1) Sir Charles Turner, and (2) Raymond West
Reports[3][5][6] Penal Code (2 May 1837) Code of Civil Procedure and Law of Limitation (1859) A code for Succession and Inheritance for Indians other than Hindus and Muslims (1865) Code of Negotiable Instruments (1881)
Lex Loci (role and authority of English law in India) (31 October 1840) Penal Code (1860) Draft Contract Law (1866) Code on Trusts Law (1882)
- Code of Criminal Procedure (1861) Draft Negotiable Instruments Law (1867) Code on Transfer of Property and Easements (1882)
- - Draft Evidence Law (1868) Revised Code of Criminal Procedure (1882)
- - Revision of Code of Criminal Procedure (1870) Revised Code of Civil Procedure (1882)
- - Draft Transfer of Property Law (1870) -
- - Draft Code on Insurance (1871) -
A Two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;[7]
1863 - Religious Endowments Act
1864 - Official Trustees Act
1865 - Carriers Act
1865 - Parsi Marriage and Divorce Act
1865 - Parsi Intestate Succession Act
1866 - Indian Companies Act
1866 - Native Converts Marriage Dissolution Act
1866 - Trustees Act
1866 - Trustees and Mortgage Powers Act
1867 - Press and Registration of Books Act
1868 - General Clauses Act
1869 - Divorce Act
1870 - Court Fees Act
1870 - Land Acquisition Act
1870 - Female Infanticide Act
1870 - Female Infanticide Prevention Act
1870 - Hindu Wills Act
1872 - Code of Criminal Procedure (revised)
1872 - Indian Contract Act
1872 - Indian Evidence Act
1872 - Special Marriages Act
1872 - Punjab Laws Act
Law Commissions in Independent India[edit]
The tradition of pursuing law reform through the medium of a Law Commission was continued in post-independent India. The first law commission in Independent India was established in 1955 and since then twenty more law commissions have been established. Each of these Commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the legal diaspora of India. The contribution of each of these Commissions has been enumerated below.
First Law Commission[edit]
The first Law Commission of independent India was established in 1955. The Chairman of this Commission was Mr. M. C. Setalvad, who was also the First Attorney General of India. The term of this Commission was established as three years (which by convention has been followed till date) and this Commission submitted its last report on 16 September 1958. The reports submitted by the First Law Commission of India are as under;[8]
Report No.
Date of Presentation
Title of Report
1 11 May 1956 Liability of the State in Tort
2 2 July 1956 Parliamentary Legislation relating to Sales Tax
3 21 July 1956 Limitation Act, 1908
4 1 August 1956 On the proposal that High Courts should sit in Benches at different places in a State
5 11 May 1957 British Statutes Applicable to India
6 13 July 1957 Registration Act, 1908
7 13 July 1957 Partnership Act, 1932
8 1 March 1958 Sale of Goods Act, 1930
9 19 July 1958 Specific Relief Act, 1877
10 26 September 1958 Law of Acquisition and Requisitioning of Law
11 26 September 1958 Negotiable Instruments Act, 1881
12 26 September 1958 Income Tax Act, 1922
13 26 September 1958 Contract Act, 1872
14 16 September 1958 Reform of Judicial Administration
Second Law Commission[edit]
The Second Law Commission was established in 1958 under the Chairmanship of Justice T. V. Venkatarama Aiyar. It stayed in office till 1961.[9] It presented the following reports;[10]
Report No.
Presented in
Title of Report
15 1960 Law relating to Marriage and Divorce amongst Christians in India
16 1960 Official Trustees Act, 1913
17 1961 Report on Trusts Act, 1882
18 1961 Converts’ Marriage Dissolution Act, 1866
19 1961 The Administrator-General's Act, 1913
20 1961 The Law of Hire-Purchase
21 1961 Marine Insurance
22 1961 Christian Marriage and Matrimonial Causes Bill,1961
Third Law Commission[edit]
The Third Law Commission was established in 1961 under the Chairmanship of Justice J. L. Kapur. It stayed in office till 1964.[9] It presented the following reports;[11]
Report No.
Presented in
Title of Report
23 1962 Law of Foreign Marriages
24 1962 The Commission of Inquiry Act, 1952
25 1963 Evidence of Officers about forged stamps, currency notes, etc. Section 509-A Cr.P.C. as proposed
26 1964 Insolvency Laws
27 1964 The Code of Civil Procedure, 1908
28 1964 The Indian Oaths Act, 1873
Fourth Law Commission[edit]
The Fourth Law Commission was established in 1964 and was again under the Chairmanship of Justice J. L. Kapur. It stayed in office till 1968.[9] It presented the following reports;
Report No.
Presented in
Title of Report
29 1967 Proposal to include certain Social and Economic Offences in the Indian Penal Code, 1860
30 1967 Section 5 of the Central Sales Tax Act, 1956, taxation by the States in the course of import
31 1967 Section 30(2) of the Indian Registration Act, 1908 - Extension to Delhi
32 1967 Section 9 of the Code of Criminal Procedure, 1898
33 1967 Section 44 of the Code of Criminal Procedure, 1898
34 1967 Indian Registration Act, 1908
35 1967 Capital Punishment
36 1967 Section 497, 498 and 499 of the Code of Criminal Procedure, 1898
37 1967 The Code of Criminal Procedure, 1898
38 1968 Indian Post Office Act, 1898
Fifth Law Commission[edit]
The Fifth Law Commission was established in 1968 under the Chairmanship of Mr. K. V. K. Sundaram. It stayed in office till 1971.[9] It presented the following reports;
Report No.
Presented in
Title of Report
39 1968 Punishment for imprisonment for life under the Indian Penal Code
40 1969 Law relating to attendance of Prisoners in Courts
41 1969 The Code of Criminal Procedure, 1898
42 1971 Indian Penal Code
43 1971 Offences against the National Security
44 1971 The Appellate Jurisdiction of the Supreme Court in Civil Matters
Sixth Law Commission[edit]
The Sixth Law Commission was established in 1971 under the Chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1974.[9] It presented the following reports;
Report No.
Presented in
Title of Report
45 1971 Civil Appeals to the Supreme Court on a Certificate of Fitness
46 1971 The Constitution (Twenty-Fifth Amendment) Bill, 1971
47 1972 The trial and punishment of Social and Economic Offences
48 1972 Some questions under the Code of Criminal Procedure Bill, 1970
49 1972 The proposal for inclusion of agricultural income in the total income
50 1972 The proposal to include persons connected with the Public examination within the definition of 'Public Servant'
51 1972 Compensation of injuries caused by automobiles in hit-and-run cases
52 1972 Estate duty on property acquired after death
53 1972 Effect of the Pensions Act, 1871 on the right to sue for pensions of retired members of public service
54 1973 The Code of Civil Procedure, 1908
55 1973 Rate of Interest after decree and interest on costs under Section 34 and 35 of the Code of Civil Procedure, 1908
56 1973 Statutory Provision as to the Notice of Suit other than Section 80, Civil Procedure Code, 1908
57 1973 Benami Transactions
58 1974 Stature and Jurisdiction of the Higher Judiciary
59 1974 Hindu Marriage Act, 1955 and Special Marriage Act, 1954
60 1974 The General Clauses Act, 1897
61 1974 Certain problems with the power of the States to levy a tax on the sale of goods
Seventh Law Commission[edit]
The Seventh Law Commission was established in 1974 again under the Chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1977.[9] It presented the following reports;
Report No.
Presented in
Title of Report
62 1974 Workmen's Compensation Act, 1923
63 1975 The Interest Act, 1839
64 1975 The Suppression of Immoral Traffic in Women and Girls Act, 1956
65 1976 Recognition of Foreign Divorces
66 1976 Married Women's Property Act, 1874
67 1977 The Indian Stamp Act, 1899
68 1977 The Power of Attorney Act, 1882
69 1977 The Indian Evidence Act, 1872
70 1977 The Transfer of Property Act, 1882
Eighth Law Commission[edit]
The Eighth Law Commission was established in 1977 under the Chairmanship of Justice H. R. Khanna. It stayed in office till 1979.[9] It presented the following reports;
Report No.
Presented in
Title of Report
71 1978 Irretrievable breakdown of marriage as a ground for divorce
72 1978 Restriction on practice after being a permanent judge
73 1978 Criminal liability for failure by husband to pay maintenance or permanent alimony granted to the wife
74 1978 Proposal to amend the Indian Evidence Act, 1872 so as to render Admissible certain statements made by witnesses before Commissions of Inquiry and other Statutory Authorities
75 1978 Disciplinary jurisdiction under the Advocates Act, 1961
76 1978 Arbitration Act, 1940
77 1979 Delay and arrears in trial courts
78 1979 Congestion of under trial persons in jails
79 1979 Delays and arrears in High Courts and other Appellate Courts
80 1979 Method of Appointment of Judges
Ninth Law Commission[edit]
The Ninth Law Commission was established in 1979 under the Chairmanship of Justice P. V. Dixit. It stayed in office till 1980.[9] It presented the following reports;
Report No.
Presented in
Title of Report
81 1979 Hindu Widows Remarriage Act, 1856
82 1980 Effect of nomination under Section 39, Insurance Act, 1938
83 1980 The Guardian and Wards Act, 1890
84 1980 Rape and allied offences-some questions of substantive law, procedure and evidence
85 1980 Claims for compensation under Chapter 8 of the Motor Vehicles Act, 1939
86 1980 The Partition Act, 1893
87 1980 Identification of Prisoners Act, 1920
Tenth Law Commission[edit]
The Tenth Law Commission was established in 1981 under the Chairmanship of Justice K. K. Mathew. It stayed in office till 1985.[9] It presented the following reports;
Report No.
Presented in
Title of Report
88 1983 Governmental Privileges in Evidence
89 1983 The Limitation Act, 1963
90 1983 The Grounds for Divorce amongst Christians in India
91 1983 Dowry deaths and law reform
92 1983 Damages in applications for Judicial Review Recommendations for legislation
93 1983 Disclosures of sources of information by mass media
94 1983 Evidence obtained illegally or improperly
95 1984 Constitutional Division within Supreme Court
96 1984 Repeal of certain obsolete Central Acts
97 1984 Section 28 of the Indian Contract Act, 1872: prescriptive clauses in contracts
98 1984 Sections 24 to 26 of the Hindu Marriage Act, 1955
99 1984 Oral and written arguments in the Higher courts
100 1984 Litigation by and against the Government
101 1984 Freedom of Speech and Expression under Article 19 of the Constitution
102 1984 Section 122(1) of the Code of Criminal Procedure, 1973
103 1984 Unfair Terms in contracts
104 1984 The Judicial Officers' Protection Act, 1850
105 1984 Quality control and inspection of consumer goods
106 1984 Section 103A, Motor Vehicles Act, 1939
107 1984 Law of Citizenship
108 1984 Promissory Estoppel
109 1985 Obscene and Indecent Advertisements and Displays
110 1985 Indian Succession Act, 1925
111 1985 Fatal Incidents Act, 1955
112 1985 Section 45 of the Insurance Act, 1938
113 1985 Injuries in Police Custody
Eleventh Law Commission[edit]
The Eleventh Law Commission was established in 1985 under the Chairmanship of Justice D. A. Desai. It stayed in office till 1988.[9] It presented the following reports;
Report No.
Presented in
Title of Report
114 1986 Gram Nyayalaya
115 1986 Tax Courts
116 1986 Formation of an All India Judicial Service
117 1986 Training of Judicial Officers
118 1986 Method of appointment to subordinate courts
119 1987 Access to Exclusive Forum for victims of motor accidents
120 1987 Manpower planning in Judiciary
121 1987 A new forum for Judicial Appointments
122 1987 Forum for National uniformity in Labour Adjudication
123 1988 Decentralization in Administration of Justice
124 1988 The High Court Arrears - A fresh look
125 1988 The Supreme Court - A fresh look
126 1988 Government and Public Sector Undertaking Litigation policy and Strategies
127 1988 Resource Allocation for Infra-Structural Services in Judicial Administration
128 1988 Cost of Litigation
129 1988 Urban Litigation - Mediation as alternative to Litigation
130 1988 Benami Transactions : A continuum
131 1988 Role of legal profession in Administration of Justice
Twelfth Law Commission[edit]
The Twelfth Law Commission was established in 1988 under the Chairmanship of Justice M. P. Thakkar. It stayed in office till 1989.[9] It presented the following reports;
Report No.
Presented in
Title of Report
132 1989 Need for Amendment of the Provisions of the Chapter IX of the Code of Criminal Procedure, 1973 in order to ameliorate the hardship and mitigate the distress of Neglected Women, Children and Parents
133 1989 Removal of discrimination against Women in matters relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare Principle
134 1989 Removing Deficiencies in certain provisions of the Workmen's Compensation Act, 1923
135 1989 Women in Custody
136 1990 Conflicts in High Court decisions on Central Laws - How to foreclose and how to resolve
137 1990 Need for creating office of Ombudsman
138 1990 Legislative Protection for Slum and Pavement Dwellers
139 1991 Urgent need to amend Order XXI, Rule 92(2), Civil Procedure Code, 1908
140 1991 Need to amend Order V, Rule 19A of the Civil Procedure Code, 1908
141 1991 Need for amending the laws as regards power of courts to resolve criminal revisional applications and criminal cases dismissed for default in appearance
142 1991 Confessional treatment for offenders who on their own initiative choose to plead guilty without any bargaining
143 1991 Legislative safeguards for protecting the small depositors from exploitation
Thirteenth Law Commission[edit]
The Thirteenth Law Commission was established in 1991 under the Chairmanship of Justice K. N. Singh. It stayed in office till 1994.[9] It presented the following reports;[12]
Report No.
Presented in
Title of Report
144 1992 Conflicting Judicial decisions pertaining to the Code of Civil Procedure, 1908
145 1992 Article 12 of the Constitution and Public Sector Undertakings
146 1993 Sale of Women and Children: Proposed Section 373-A, Indian Penal Code
147 1993 The Specific Relief Act, 1963
148 1993 Repeal of Certain pre-1947 Central Acts
149 1994 Removal of certain deficiencies in the Motor Vehicles Act, 1988 (Act No. 59 of 1988)
150 1994 Suggesting some Amendments to the Code of Civil Procedure (Act No. V of 1908)
151 1994 Admiralty Jurisdiction
152 1994 Custodial Crimes
153 1994 Inter-Country Adoption
Fourteenth Law Commission[edit]
The Fourteenth Law Commission was established in 1995 under the Chairmanship of Justice K. Jayachandra Reddy. It stayed in office till 1997.[9] It presented the following reports;[13]
Report No.
Date of Presentation
Title of Report
154 22 August 1996 The Code of Criminal Procedure, 1973 (Act No. 2 of 1974)
155 12 July 1997 The Narcotics Drugs and Psychotropic Substances Act, 1985(Act No. 61 of 1985)
156 30 August 1997 The Indian Penal Code
Fifteenth Law Commission[edit]
The Fifteenth Law Commission was established in 1997 under the Chairmanship of Justice B. P. Jeevan Reddy. It stayed in office till 2000.[9] It presented the following reports;[14]
Report No.
Presented in
Title of Report
157 1998 Section 52:Transfer of Property Act, 1882 and its Amendment
158 1998 The Amendment of the Industries (Development and Regulation) Act, 1951
159 1998 Repeal and Amendment of Laws: Part I
160 1998 Amendment to the All India Council for Technical Education Act, 1987 (Act No. 52 of 1987)
161 1998 Central Vigilance Commission and Allied Bodies
162 1998 Review of functioning of Central Administrative Tribunal, Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal
163 1998 The Code of Civil Procedure (Amendment) Bill, 1997
164 1998 The Indian Divorce Act, 1869 (Act IV of 1869)
165 1998 Free and Compulsory Education for Children
166 1999 The Corrupt Public Servants (forfeiture of property) Bill
167 1999 The Patents (Amendment) Bill, 1998
168 1999 The Hire-Purchase Act,1972
169 1999 Amendment of Army, Navy and Air Force Act
170 1999 Reform of Electoral Laws
171 2000 The Biodiversity Bill, 2000
172 2000 Review of Rape Laws
173 2000 Prevention of Terrorism Bill, 2000
174 2000 Property Rights of Women: Proposed Reforms Under the Hindu Law
Sixteenth Law Commission[edit]
The Sixteenth Law Commission was established in 2000. For the period till 2001 Justice B. P. Jeevan Reddy continued as the Chairman of the Commission while in the period between 2002 and 2003 the Commission worked under the Chairmanship of Justice M. Jagannadha Rao.[9] It presented the following reports;[15]
Report No.
Presented in
Title of Report
175 2000 The Foreigners (Amendment) Bill, 2000
176 2001 The Arbitration and conciliation (Amendment) Bill, 2002
177 2001 Law Relating to Arrest
178 2001 Recommendations for amending various enactments, both civil and criminal
179 2001 Public Interest Disclosure and Protection of Informers
180 2002 Article 20 (3) of the Constitution of India and Right to Silence
181 2002 Amendment to Section 106 of the Transfer of Property Act, 1882
182 2002 Amendment of Section 6 of the Land Acquisition Act, 1894
183 2002 A Continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes
184 2002 Legal Education & Professional Training and Proposals for amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956
185 2003 Review of the Indian Evidence Act, 1872
Seventeenth Law Commission[edit]
The Seventeenth Law Commission was established in 2003 and continued to be under the Chairmanship of Justice M. Jagannadha Rao. It stayed in office till 2006.[9] It presented the following reports;[16]
Report No.
Presented in
Title of Report
186 2003 Proposal to Constitute Environment Courts
187 2003 Mode of Execution of Death Sentence and Incidental Matters
188 2003 The Proposals for Constitution of Hi-Tech Fast - Track Commercial Divisions in High Courts
189 2004 Revision of Court Fees Structure
190 2004 The Revision of the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999
191 2004 Regulation of Funds collected for Calamity Relief.
192 2005 Prevention of vexatious Litigation
193 2005 Transnational Litigation, Conflict of Laws, Law of Limitation
194 2005 Verification of Stamp Duties and Registration of Arbitral Awards
195 2006 The Judges (Inquiry) Bill, 2005
196 2006 Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners)
197 2006 Public Prosecutor's Appointments
198 2006 Witness Identity Protection and Witness Protection Programmes
199 2006 Unfair (Procedural and Substantive) Terms in Contracts
200 2006 Trial by Media : Free Speech Vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971)
201 2006 Medical Treatment after Accidents and During Emergency Medical Condition and Women in Labour
Eighteenth Law Commission[edit]
The Eighteenth Law Commission of India was established on 1 September 2006 and continued till 31 August 2009. Justice M. Jagannadha Rao continued to serve as the Chairman of the Commission until 28 May 2007 on which date Justice A. R. Lakshmanan was appointed as the Chairman of the Commission. It presented the following reports;
Report No.
Date of Presentation
Title of Report
202 9 October 2007 Proposal to Amend Section 304-B of the Indian Penal Code
203 26 December 2007 Section 438 of the Code of Criminal Procedure, 1973 as Amended by the Code of Criminal Procedure (Amendment) Act, 2005 (Anticipatory Bail)
204 5 February 2008 Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005
205 5 February 2008 Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other allied Laws
206 10 June 2008 Proposal for enactment of new Coroners Act applicable to the whole of India
207 10 June 2008 Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving herself acquired property with no heirs
208 30 July 2008 Proposal for the amendment of explanation to Section 6 of the Hindu Succession Act, 1956 to include oral partition and family arrangement on the definition of 'partition'
209 30 July 2008 Proposal for the omission of Section 213 from the Indian Succession Act, 1925
210 17 October 2008 Humanization and Decriminalization of Attempt to Suicide
211 17 October 2008 Laws on Registration of Marriages and Divorce - A proposal for Consolidation and Reform
212 17 October 2008 Laws of Civil Marriage in India - A proposal to Resolve Certain Conflicts
213 24 November 2008 Fast Track Magisterial Courts for Dishonoured Cheque Cases
214 21 November 2008 Proposal for reconsideration of Judges Case I, II and III - S P Gupta Vs, UOI
215 17 December 2008 L. Chandra Kumar be revisited by Larger Bench of Supreme Court
216 17 December 2008 Non-Feasibility of introduction of Hindi as compulsory language in the Supreme Court of India
217 30 March 2009 Irretrievable Breakdown of Marriage – Another Ground for Divorce
218 30 March 2009 Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction (1980)
219 30 March 2009 Need for Family Law Legislations for Non-resident Indians
220 30 March 2009 Need to fix Maximum Chargeable Court-fees in Subordinate Civil Courts
221 30 April 2009 Need for Speedy Justice – Some Suggestions
222 30 April 2009 Need for Justice-dispensation through ADR etc.
223 30 April 2009 Need for Ameliorating the lot of the Have-nots - Supreme Court's judgments
224 2009 Amendment of Section 2 of the Divorce Act 1869 Enabling Non-domiciled Estranged Christian Wives to seek Divorce.
225 2009 Amendment of Sections 7, 7A, and 7B of Industrial Disputes Act 1947 Making Advocates Eligible to man Labour Courts and Industrial Tribunals.
2009
226 2009 The Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a Law for Compensation for Victims of Crime.
227 2009 Preventing Bigamy via Conversion to Islam - A Proposal for giving Statutory Effect to Supreme Court Rulings
228 2009 Need For Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties to a Surrogacy
229 2009 Need for division of the Supreme Court into a Constitution Bench at Delhi and Cassation Benches in four regions at Delhi, Chennai/ Hyderabad, Kolkata and Mumbai
230 2009 Reforms in the Judiciary – Some suggestions
231 2009 Amendments in Indian Stamp Act 1899 And Court-Fees Act 1870 Permitting Different Modes of Payment
232 2009 Retirement Age of Chairpersons and Members of Tribunals – Need for Uniformity
233 2009 Amendment of Code of Criminal Procedure Enabling Restoration of Complaints
234 2009 Legal Reforms to Combat Road Accidents
Nineteenth Law Commission[edit]
The nineteenth Law Commission of India's Chairman was Chairman Mr. Justice P. V. Reddi, 2009-2012 of 19th Law Comiission.[17]
Report No.
Presented in
Title of Report
235 2010 Conversion/reconversion to another religion - mode of proof
236 2010 Court-fees in Supreme Court vis-à-vis Corporate Litigation
237 2011 Compounding of (IPC) offences
238 2011 Amendment of Section 89 of the Code of Civil Procedure, 1908 and Allied provisions
239 2012 Expeditious Investigation and Trial of Criminal Cases Against 2012 Influential Public Personalities
240 2012 Costs in Civil Litigation
241 2012 Passive Euthanasia - A Relook
242 2012 Prevention of Interference with the freedom of Matrimonial Alliances 2012 (in the name of Honour and Tradition ) : A suggested legal framework
243 2012 Section 498 A, IPC
Twentieth Law Commission[edit]
The Twentieth Law Commission of India's Chairman were Justice D. K. Jain from January 2013 to October 2013 and Justice A. P. Shah from November 2013 to August 2015[18]. The Terms of Reference of the Twentieth Law Commission were as follows:- A. Review/Repeal of obsolete laws: (i) Identify laws which are no longer needed or relevant and can be immediately repealed. (ii) Identify laws which are not in harmony with the existing climate of economic liberalization and need change. (iii) Identify laws which otherwise require changes or amendments and to make suggestions for their amendment. (iv) Consider in a wider perspective the suggestions for revision/amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonising them. (v) Consider references made to it by Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/ Department. (vi) Suggest suitable measures for quick redressal of citizens grievances, in the field of law. B. Law and Poverty (i) Examine the Laws which affect the poor and carry out post-audit for socio-economic legislations. (ii) Take all such measures as may be necessary to harness law and the legal process in the service of the poor. C. Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: (i) elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decisions should be just and fair. (ii) simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice. (iii) improvement of standards of all concerned with the administration of justice. D. Examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble to the Constitution. E. Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto. F. Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities. G. Recommend to the Government measure for making the statute book up to date by repealing obsolete laws and enactments or parts thereof which have outlived their utility. H. Consider and to convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs). I. Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law & Justice (Department of Legal Affairs). J. Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.
Report No.
Presented in
Title of Report
244 2014 Electoral Disqualifications
245 2014 Arrears and Backlog: Creating Additional Judicial (wo)manpower
246 2014 Amendments to the Arbitration and Conciliation Act, 1996
247 2014 Sections 41 to 48 of the Indian Succession Act,1925 – Proposed Reforms
248 2014 Obsolete Laws: Warranting Immediate Repeal (Interim Report)
249 2014 Obsolete Laws: Warranting Immediate Repeal (Second Interim Report)
250 2014 Obsolete Laws: Warranting Immediate Repeal (Third Interim Report)
251 2014 Obsolete Laws: Warranting Immediate Repeal (Fourth Interim Report)
252 2015 Right of the Hindu Wife to Maintenance: A relook at Section 18 of the Hindu Adoptions and Maintenance Act, 1956
253 2015 Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015
254 2015 The Prevention of Corruption (Amendment) Bill, 2013
255 2015 Electoral Reforms
256 2015 Eliminating Discrimination Against Persons Affected by Leprosy
257 2015 Reforms in Guardianship and Custody Laws in India
258 2015 Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations – A Study and Proposed Amendments
259 2015 Early Childhood Development and Legal Entitlement
260 2015 Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty
261 2015 Need to Regulate Pet Shops and Dog and Aquarium Fish Breeding
262 2015 The Death Penalty
Twenty-First Law Commission[edit]
In 2015, the Law Ministry had forwarded a list of 48 former judges of high courts and Supreme Court to the Prime Minister’s Office to select the next Law Commission Chairperson. The term of the 20th Law Commission ended on August 30 last year and the Union Cabinet approved creation of the 21st Law Commission on September 9. The Law Ministry brought out a notification to create the 21st law panel on September 14 last.
One of the key issues pending before the law panel is a call on amending the Indian Penal Code amid allegations of abuse and arbitrary use of the law. The Law Ministry had urged the Commission to study the usage of the provisions of Section 124A (Sedition) of the IPC.
Former Supreme Court judge Balbir Singh Chauhan was appointed Chairman of the 21st Law Commission. Mr. Justice Ravi R. Tripathi, retired judge of the Gujarat High Court was appointed as Full-time Member.[19]
On 10 June 2016, Mr. Satya Pal Jain, Additional Solicitor General of India was appointed as Part-time Member of the Commission.[20]
Report No.
Presented in
Title of Report
263 2016 The Protection of Children (Inter-Country Removal and Retention) Bill
264 2017 The Criminal Law (Amendment) Bill (Provisions dealing with Food Adulteration)
265 2017 Prospects of Exempting Income arising out of Maintenance Money of 'Minor'
266 2017 The Advocates Act, 1961 (Regulation of Legal Profession)
267 2017 Hate Speech
268 2017 Amendments to Criminal Procedure Code, 1973 – Provisions Relating to Bail
Working of the Law Commission[edit]
The Law Commission works in close co-ordination and under the general instruction of Ministry of Law and Justice. It generally acts as the initiation point for law reform in the country. Internally, the Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007[21]), the Commission works upon the assigned agenda and primarily comes up with research based reports, often conclusive and recommendatory. The permanent members of the Commission generally are responsible for framing the exact topic and reference to work upon and often takes the services of eminent law experts and jurists who are familiar with the matter under review. These experts may either work part-time with the Commission or may have been requested to contribute to specific reports or issues under review.
According to the Commission's website, the Commission's regular staff consists of about a dozen research personnel of different ranks and varied experiences with a small group of secretarial staff looks after the administration side of the Commission's operations[22] and the internal functioning of the Commission can be described as a process with the following stages;
Initiation of projects at the Commission's meetings;
Discussion of priorities; identification of topics and assignment of preparatory work to Members;
Adoption of methodologies for collection of data and research;
Outlining of problems and determination of areas for reform;
Consultations with public, professional bodies and academic institutions;
Evaluation of responses and preparation of draft of report;
Discussion and scrutiny of report, leading to its finalization; and
Forwarding of report to the Ministry of Law and Justice.[22]
Once the Report is submitted to the Ministry of Law and Justice, the task of the Commission ends unless it is required to rework upon identified areas of provide clarifications by the Government on the report submitted. Upon receipt of the Report, it is the responsible for follow-up action on the recommendations made by the Commission in the Report. Generally the Ministry of Law and Justice forwards the Report with its remarks to other relevant Ministries in the Government of India and seeks from them their opinion on the relevance of the recommendation and finalizes with them the manner of implemendation of these recommendations. When the proposals are cleared by the various Ministries and approved by the Cabinet, the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament.
Role of Law Commission in legal reform in India[edit]
The Law Commission of India, though an ad hoc body, has been key to law reform in India.[23] Its role has been both advisory and critical of the government's policies.[citation needed] The Supreme Court of India and academia have recognized the commission as pioneering and prospective.[citation needed] In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.[citation needed] The fact that the chairman of the commission is generally a retired judge of the Supreme Court has helped the prominence of the commission.[citation needed]
The Commission reviews judicial administration to ensure that it is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost-effective without sacrificing the cardinal principle that they are just and fair. The Commission seeks to simplify procedure to curb delays and improve standards of justice. It also strives to promote an accountable and citizen-friendly government which is transparent and ensures the people's right to information.[23]
The recommendations of the commission are not binding on the government. "They are recommendations. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations."[24] This has resulted in a number of important and critical recommendations not being implemented. The commission, however, has continued to work upon its assigned tasks.
The power vested in the commission to suo motu take up matters for discussion and submit recommendations has also worked well to the advantage of India's legal system.[citation needed] The history of the commission is replete with such recommendations which have been made in the wake of the hour and where the law has needed change.[citation needed] Further, the commission has been often returned to review its earlier reports in the wake of changed scenarios and the aptness of law in such situations.[citation needed] Euthanasia and related issues, in particular, has been one such area where the commission has been relook the situation at least three times, with the latest being its 196th report on the topic.[citation needed]
Besides the Law Ministry, the commission has also been requested to work upon specific issues and submit its views by the Supreme Court on various occasions. The latest in regard has been the 205th report of the commission which has been prepared in view of the Supreme Court's request for assistance in determination of "certain legal issues relating to child marriage, and the different ages at which a person is defined as a child in different laws." The report stirred a public debate in India for recommending inter alia, a reduction in marriage age of boys to be at par with girls at 18, instead of the long continuing 21 and 18 respectively.
With all its past and present works being continuously provided on the internet, the commission has also provided a firm assistance to legal research in the country.[citation needed] The fact that a number of its reports have been taken receptively by the various ministries and have been worked upon to change the legal scenario, is itself an indicator sufficient enough of the role of the commission in furtherance of law reform in India.[citation needed]
See also[edit]
Autonomous law schools in India
Common Law Admission Test
Law Commission
Law reform
Legal Education in India
List of law schools in India
Ministry of Law and Justice (India)
Supreme Court of India
Civil Procedure Code, 1908
Notes[edit]
Jump up ^ Jain, M.P. (1984). Outlines of Indian Legal History. Bombay: N.M. Tripathi.
^ Jump up to: a b "Early beginnings". lawcommissionofindia.nic.in. Retrieved 2008-06-05.
^ Jump up to: a b c d Eugen Lang, Maurice. Codification In The British Empire And America. Lawbook Exchange. pp. 78–92. ISBN 978-1-58477-620-8.
Jump up ^ Mishra, Shree Govind (1993). The legal history of India, 1600-1990. New Delhi: Uppal Pub. House. ISBN 81-85565-21-X.
Jump up ^ Char, S. V., Desika (1983). Readings in the constitutional history of India, 1757-1947. Delhi: Oxford. ISBN 0-19-561264-7. CS1 maint: Multiple names: authors list (link)
Jump up ^ Bryce, James Y. Studies in history and jurisprudence: Volume 1. Adamant Media Corporation. p. 121. ISBN 1-4021-9046-8.
Jump up ^ Riddick, John A. (2006). The history of British India: a chronology. Westport, Conn.: Praeger. ISBN 0-313-32280-5.
Jump up ^ "First Law Commission". lawcommissionofindia.nic.in. Retrieved 2008-06-05.
^ Jump up to: a b c d e f g h i j k l m n o p "Law Commissions of India". lawcommissionofindia.nic.in. Retrieved 2008-06-05.
Jump up ^ "Second Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 2008-06-05.
Jump up ^ "Third Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 2008-06-05.
Jump up ^ "Thirteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 2008-06-08.
Jump up ^ "Fourteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 2008-06-08.
Jump up ^ "Fifteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 2008-06-08.
Jump up ^ "Sixteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 2008-06-08.
Jump up ^ "Seventeenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 2008-06-08.
Jump up ^ Hindustantimes.com
Jump up ^ "Three Years of Landmark Reforms; An account of Justice AP Shah’s Career as Chairman Law Commission of India [Sept 2012- August 2015]". Live Law. 7 September 2015. Retrieved 16 August 2017.
Jump up ^ http://lawmin.nic.in/la/MemberLCI.pdf
Jump up ^ http://www.satyapaljain.com/biography/
Jump up ^ "Student Internships at Law Commission". lawcommissionofindia.nic.in. Retrieved 2008-06-05.
^ Jump up to: a b "How does the Commission function?". lawcommissionofindia.nic.in. Retrieved 2008-06-12.
^ Jump up to: a b Lalit Sethi. "Rarely seen or heard, Law Commission's work has a great impact". Press Information Bureau (India). Retrieved 2008-06-05.
Jump up ^ "Crores spent, yet obsolete laws live". Rediff India Abroad. 23 June 2008. Retrieved 7 May 2013.
References[edit]
Jain, M.P. (1984). Outlines of Indian Legal History. Bombay: N.M. Tripathi. ASIN : B0000CQY04
Mishra, Shree Govind (1993). The legal history of India, 1600-1990. New Delhi: Uppal Pub. House. ISBN 81-85565-21-X.
Char, S. V., Desika (1983). Readings in the constitutional history of India, 1757-1947. Delhi: Oxford. ISBN 0-19-561264-7. CS1 maint: Multiple names: authors list (link)
Eugen Lang, Maurice. Codification In The British Empire And America. Lawbook Exchange. ISBN 978-1-58477-620-8.
Riddick, John A. (2006). The history of British India: a chronology. Westport, Conn.: Praeger. ISBN 0-313-32280-5.
Bryce, James Y. Studies in history and jurisprudence: Volume 1. Adamant Media Corporation. ISBN 1-4021-9046-8.
Derrett, J. Duncan M. (1973). Handbuch der Orientalistik (History of Indian Law (Dharmasastra)). Leiden: Brill. ISBN 90-04-03740-3.
External links[edit]
Official Website of the Law Commission of India
Reports of Law Commission of India 1-50
Reports of Law Commission of India 51-100
Reports of Law Commission of India 101-169
Reports of Law Commission of India 170-195
How does Law Commission function?
Interview of Current Chairman of Law Commission
Ministry of Law and Justice (India)
Law Commissions of other countries
http://www.lawyersclubindia.com/forum/Gipsa-companies-flout-law-commission-report-flouted-in-97081.asp
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Land-use planning
From Wikipedia, the free encyclopedia
Jump to: navigation, search
See also: Planning permission
The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (November 2011) (Learn how and when to remove this template message)
In urban planning, land-use planning seeks to order and regulate land use in an efficient and ethical way, thus preventing land-use conflicts. Governments use land-use planning to manage the development of land within their jurisdictions. In doing so, the governmental unit can plan for the needs of the community while safeguarding natural resources. To this end, it is the systematic assessment of land and water potential, alternatives for land use, and economic and social conditions in order to select and adopt the best land-use options.[1] Often one element of a comprehensive plan, a land-use plan provides a vision for the future possibilities of development in neighborhoods, districts, cities, or any defined planning area.
In the United States, the terms land-use planning, regional planning, urban planning, and urban design are often used interchangeably, and will depend on the state, county, and/or project in question. Despite confusing nomenclature, the essential function of land-use planning remains the same whatever term is applied. The Canadian Institute of Planners offers a definition that land-use planning means the scientific, aesthetic, and orderly disposition of land, resources, facilities and services with a view to securing the physical, economic and social efficiency, health and well-being of urban and rural communities.[2] The American Planning Association states that the goal of land-use planning is to further the welfare of people and their communities by creating convenient, equitable, healthful, efficient, and attractive environments for present and future generations.[3]
Contents
[hide]
1 History
2 Types of planning
3 Methods
4 Basis of land-use planning authority in the United States
5 See also
6 Academic journals
7 References
7.1 Notes
7.2 Bibliography
8 External links
History[edit]
Land-use planning often leads to land-use regulation, which typically encompasses zoning. Zoning regulates the types of activities that can be accommodated on a given piece of land, as well as the amount of space devoted to those activities, and the ways that buildings may be situated and shaped.[4]
The ambiguous nature of the term “planning”, as it relates to land use, is historically tied to the practice of zoning. Zoning in the US came about in the late 19th and early 20th centuries to protect the interests of property owners. The practice was found to be constitutionally sound by the Supreme Court decision of Village of Euclid v. Ambler Realty Co. in 1926.[3] Soon after, the Standard State Zoning Enabling Act gave authority to the states to regulate land use. Even so, the practice remains controversial today.
The “taking clause” of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. The case of Dolan v. City of Tigard demonstrated the criteria that determine the threshold of what is considered taking.[5] One interpretation of the taking clause is that any restriction on the development potential of land through zoning regulation is a “taking”. A deep-rooted anti-zoning sentiment exists in America, that no one has the right to tell another what he can or cannot do with his land. Ironically, although people are often averse to being told how to develop their own land, they tend to expect the government to intervene when a proposed land use is undesirable.
Conventional zoning has not typically regarded the manner in which buildings relate to one another or the public spaces around them, but rather has provided a pragmatic system for mapping jurisdictions according to permitted land use. This system, combined with the interstate highway system, widespread availability of mortgage loans, growth in the automobile industry, and the over-all post-World War II economic expansion, destroyed most of the character that gave distinctiveness to American cities. The urban sprawl that most US cities began to experience in the mid-twentieth century was, in part, created by a flat approach to land-use regulations. Zoning without planning created unnecessarily exclusive zones. Thoughtless mapping of these zones over large areas was a big part of the recipe for suburban sprawl.[4] It was from the deficiencies of this practice that land-use planning developed, to envision the changes that development would cause and mitigate the negative effects of such change.
Suburban development near Colorado Springs, Colorado, United States
As America grew and sprawl was rampant, the much-loved America of the older towns, cities, or streetcar suburbs essentially became illegal through zoning.[6] Unparalleled growth and unregulated development changed the look and feel of landscapes and communities. They strained commercial corridors and affected housing prices, causing citizens to fear a decline in the social, economic and environmental attributes that defined their quality of life.[7] Zoning regulations became politically contentious as developers, legislators, and citizens struggled over altering zoning maps in a way that was acceptable to all parties. Land use planning practices evolved as an attempt to overcome these challenges. It engages citizens and policy-makers to plan for development with more intention, foresight, and community focus than had been previously used.
Types of planning[edit]
Various types of planning have emerged over the course of the 20th century. Below are the six main typologies of planning, as defined by David Walters in his book, Designing Communities (2007):
Traditional or comprehensive planning: Common in the US after World War II, characterized by politically neutral experts with a rational view of the new urban development. Focused on producing clear statements about the form and content of new development.
Systems planning: 1950s–1970s, resulting from the failure of comprehensive planning to deal with the unforeseen growth of post World War II America. More analytical view of the planning area as a set of complex processes, less interested in a physical plan.
Democratic planning: 1960s. Result of societal loosening of class and race barriers. Gave more citizens a voice in planning for future of community.
Advocacy and equity planning: 1960s & 70s. Strands of democratic planning that sought specifically to address social issues of inequality and injustice in community planning.
Strategic planning: 1960s-present. Recognizes small-scale objectives and pragmatic real-world constraints.
Environmental planning: 1960s-present. Developed as many of the ecological and social implications of global development were first widely understood.[6]
Tenure responsive planning: 2015-onwards. It recognizes that land use planning should be collaborative but with the purpose of tenure security improvement. This is a hybrid approach whereby traditional, advocacy, democratic and bottom-up efforts are merged in such a way that they focus towards tenure security outcomes. [8]
Today, successful planning involves a balanced mix of analysis of the existing conditions and constraints; extensive public engagement; practical planning and design; and financially and politically feasible strategies for implementation.[7]
Current processes include a combination of strategic and environmental planning. It is becoming more widely understood that any sector of land has a certain capacity for supporting human, animal, and vegetative life in harmony, and that upsetting this balance has dire consequences on the environment. Planners and citizens often take on an advocacy role during the planning process in an attempt to influence public policy.[6] Due to a host of political and economic factors, governments are slow to adopt land use policies that are congruent with scientific data supporting more environmentally sensitive regulations.
Since the 1990s, the activist/environmentalist approach to planning has grown into the Smart Growth movement, characterized by the focus on more sustainable and less environmentally damaging forms of development.[6] Moreover, there is changes on the requirements of land use planning overtime. For example, whilst most of the urban planners suggest the distance from the landfill that a housing estate should be built, they must also take wind direction into consideration [9]
Aerial view of Rosslyn-Ballston corridor in Arlington, Virginia. High density, mixed use development is concentrated within ¼–½ mile from the Rosslyn, Court House and Clarendon Washington Metro stations (shown in red), with limited density outside that area. This photograph is taken from the United States Environmental Protection Agency [10] website describing Arlington's award for overall excellence in smart growth in 2002 — the first ever granted by the agency.
Smart growth supports the integration of mixed land uses into communities as a critical component of achieving better places to live. Putting uses in close proximity to one another has benefits for transportation alternatives to driving, security, community cohesiveness, local economies, and general quality of life issues. Smart growth strives to provide a means for communities to alter the planning context which currently renders mixed land uses illegal in most of the country.[11]
Methods[edit]
Professional planners work in the public sector for governmental and non-profit agencies, and in the private sector for businesses related to land, community, and economic development. Through research, design, and analysis of data, a planner's work is to create a plan for some aspect of a community. This process typically involves gathering public input to develop the vision and goals for the community.
A charrette is a facilitated planning workshop often used by professional planners to gather information from their clients and the public about the project at hand. Charettes involve a diverse set of stakeholders in the planning process, to ensure that the final plan comprehensively addresses the study area.
Geographic Information Systems, or GIS, is a very useful and important tool in land-use planning. It uses aerial photography to show land parcels, topography, street names, and other pertinent information. GIS systems contain layers of graphic information and their relational databases that may be projected into maps that allow the user to view a composite of a specific area, adding an array of graphically oriented decision making tools to the planning process.[7]
A transect, as used in planning, is a hierarchical scale of environmental zones that define a land area by its character, ranging from rural, preserved land to urban centers. As a planning methodology, the transect is used as a tool for managing growth and sustainability by planning land use around the physical character of the land. This allows a community to plan for growth while preserving the natural and historical nature of their environment.[7]
Natural ecology and historical identity of the city are matched to its topography in the Urban Landscape System approach that intends to mitigate effects of climate change and improve city branding through the ontology of place.
Basis of land-use planning authority in the United States[edit]
Police power is the basis for land use planning authority in the United States. This authority is usually delegated by state governments to local governments, including counties and cities. It is these local governments that most frequently exercise police power in land use planning matters. The regulation of land use based on police power is distinct from the taking of private property by the government through the power of eminent domain. If the regulation of land use is done under the authority of the police power, the private property owner isn't typically entitled to compensation as they would be if property was taken under the power of eminent domain. The court decision in the case Commonwealth v. Alger was related to land use planning and dealt with the construction of a wharf on privately owned tidelands around Boston Harbor.[12]
See also[edit]
Environmental planning
Federal Land Use Policy Act of 1976
Geographic Information Systems
Inter-municipal land use planning
Landscape architecture
Landscape planning
Regional planning
Smart growth
Spatial planning
Sustainable development
Transferable development rights
Transportation planning
Urban design
Urban planning
Village Development Committee (India)
Academic journals[edit]
Main article: List of planning journals
Environment and Planning
Land Use Policy
Journal of Land Use and Environmental Law
Journal of the American Planning Association
Planning Theory
References[edit]
Notes[edit]
Jump up ^ Young, A., 2003
Jump up ^ Canadian Institute of Planners, 2011
^ Jump up to: a b American Planning Association, 2011
^ Jump up to: a b Barnett, J., 2004
Jump up ^ Martha Derthick. Dilemmas of Scale in America's Federal Democracy. p. 257.
^ Jump up to: a b c d Walters, D., 2007
^ Jump up to: a b c d Southwestern NC Planning and Economic Development Commission, Community Foundation of WNC, & the Lawrence Group Architects of NC, Inc., 2009
Jump up ^ Chigbu et al. (2017). Combining land-use planning and tenure security: a tenure responsive land-use planning approach for developing countries. Journal of Environmental Planning and Management, https://dx.doi.org/10.1080/09640568.2016.1245655
Jump up ^ Li, Rita Yi Man and Li, Herru Ching Yu (2018). Have Housing Prices Gone with the Smelly Wind? Big Data Analysis on Landfill in Hong Kong. Sustainability, 10(2), 341; doi:10.3390/su10020341
Jump up ^ "Arlington County, Virginia - National Award for Smart Growth Achievement - 2002 Winners Presentation | Smart Growth | US EPA". Epa.gov. 2006-06-28. Retrieved 2012-12-30.
Jump up ^ Smart Growth Network, 2011
Jump up ^ Understanding the Law of Zoning and Land Use Controls, Barlow Burke, Lexisnexis, Chapter 1, Published 2002
Bibliography[edit]
Barnet, J. (2004). Codifying New Urbanism: How to Reform Municipal Land Development Regulations, Chicago, IL.
Southwestern NC Planning and Economic Development Commission, Community Foundation of WNC, & the Lawrence Group Architects of NC, Inc. (2009). Region A Toolbox, A Pilot of the Mountain Landscapes Initiative, Sylva, NC.
Walters, David. (2007). Designing Community, Charrettes, Master plans and Form-based Codes, Oxford, UK.
Young, Anthony. (1993). Guidelines for Land Use Planning, Food and Agriculture Organization of the United Nations, Rome, Italy.
Chigbu et al. (2017). Combining land-use planning and tenure security: a tenure responsive land-use planning approach for developing countries. Journal of Environmental Planning and Management, 60(9):1622-1639.
External links[edit]
American Planning Association, Chicago, IL
"Planning Is ...", Canadian Institute of Planners, Ottawa, ON
Smart Growth Online, National Center for Appropriate Technology, Butte, MT
"Arlington County, Virginia", U.S. Environmental Protection Agency, Washington, DC
"An overview of spatial policy in Asian and European countries", Ministry of Land, Infrastructure, Transport and Tourism (MILT), Japan
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