Law reporting

Theoretical overview

Law Report published record of a judicial decision that is cited by lawyers and judges for their use as precedent in subsequent cases. Law Report is a document that provides a summary and analysis of a court case or legal decision. It typically includes the name of the case, the court or tribunal that issued the decision, a summary of the facts of the case, the legal issues involved, and the court’s reasoning and conclusion

Law reporting in India is the process of publishing the judgments and decisions of courts and tribunals in India.

In India, there are several law reporters that are responsible for publishing judicial decisions. Some of the most prominent law reporters include: 

1.  All India Reporter (AIR) 
2.  Supreme Court Cases (SCC)
3.  Indian Law Reports (ILR) 4 Criminal Law Journal (CLJ) 
4.  Madras Law Journal (MLJ)
5. Kerala Law Times (KLT) These law reporters publish the decisions of the Supreme Court, various high courts, and other tribunals in India

Importance of law reporting

Law reporting plays a critical role in the legal system as it provides an accurate and comprehensive record of judicial decisions. 

1. Legal Precedent: Law reporting helps to establish legal precedent by providing a record of past decisions made by courts. This information can be used by judges and lawyers to make informed decisions in future cases, and to ensure consistency in the application of the law.
2. Access to legal information : Law reporting ensures that legal information is accessible to everyone, regardless of their location or financial means. By publishing judicial decisions, law reports allow lawyers, judges, and members of the public to understand the law and make informed decisions. 
3. Transparency: Law reporting promotes transparency in the legal system by providing an open record of judicial decisions. This allows the public to understand the reasoning behind legal decisions and ensures accountability in the judiciary.
4. Legal Scholarship: Law reporting provides a valuable resource for legal scholars to study and analyze legal decisions. This can help to improve legal research and scholarship, and contribute to the development of legal theory.
5. Historical Record: Law reporting also serves as a historical record of legal decisions, documenting the evolution of the law over time. This allows future generations to understand the legal landscape of the past, and to learn from the mistakes and successes of previous generations.

History of Law Reporting 

Origin of Law Reporting

in India Law Report of Earlier Supreme Court Law Report 

The Supreme Court at Calcutta was established in 1774. At that time law reporting did not take a correct shape. It was irregular, unorganized and un-systematical.

 Private persons took active part in law reporting. The Government did not take any active steps in laws reporting. 

Law Reports were also published, some of them good, some of them of an inferior quality.

Sir Francis Macnaghten compiled some cases pertaining to Hindu cases and published them in 1824 under the name of ‘Considerations upon Hindu Law.’ Probably it was the first law reporting in India. Later Sir William Macnaghten compiled some cases pertaining to Muslim cases and published them in 1825 under the name of Principles and Precedents of Mohammedans Law. Later several persons took the similar steps.

Decisions of the Supreme Court at Madras were published by Sir Thomas Strange, the Chief Justice of that Court. Strange’s Reports were brought out in three volumes covering the period from 1798 to 1816. 

In Bombay Sir Erskine Perry (C.J. of S.C. at Bombay) published two collections known as Perry’s Oriental Cases. Morley’s Digest (second volume) was his collection.

Law reporting of Sadar Nizamat Adalat

There are very few Reports on the decisions of the criminal judicature. 

Only two series of Reports of Sadar Nizamat Adalat seems to have been published.

 One of them consisted of five volumes and contained the sentences passed by the Sadar Nizamat Adalat at Calcutta. 

The other series contained the criminal cases decided by the Sadar Faujdari Adalat at Bombay from 1827 to 1846.

 A monthly series of the Sadar Nizamat Adalat at Calcutta was started from 1851. The publication of monthly reports on criminal cases decided in Sadar Fouidari Adalat at Madras was also started in 1849

Law reporting of earlier High Court

The process of regular reporting of laws commenced after the establishment of High Courts in 1862. The High Court of Madras published the Madras High Court Reports in eight volumes covering a period from 1862 to 1875.

 Similar Reports were published by the High Courts of Calcutta and Bombay. The Bombay High Court Reports for the period 1862–75 ran in twelve volumes.

 The other High Courts Reports were also published by the Government through the help of official reporters. Besides these official Reports, certain Reports were also published by private enterpreneurs.

 The main among them were Weekly Reporter, Indian Jurist at Calcutta, Madras Jurist, two volumes of Hyde Reports of Calcutta High Court, three volumes of Henderson Reports of Calcutta High Court(1878-83) and fifteen volumes of Bengal Law Report (1868–76) of the Calcutta High Court.

The Indian Law Reports Act 1875

Sir James Fitzjames Stephen, the Law Member of the Government of India in 1872 he expressed dissatisfaction about the system of law reporting prevailing in India at that time. 

Criticising the Reports of private publishers, he observed that they were brought out for commercial gain hence many of them were mere reprints of the written judgments of the Judges with no statement of facts of the case or arguments of the counsels.

 Sir Stephen opined that law reporting should be regarded as a branch of legislation needing attention of the Government. As a result of Sir James Stephen’s efforts, the Indian Law Reports Act, 1875 was passed.

 Consequent to passing of this Act, an official series of reports known as the Indian Law Reports was started and Councils of law reporting were set up in several High Courts and they started publication of Indian Law Reports of the High Court concerned under the patronage of the Government. 

Though the Act came to be regarded as a partial restriction on private law reporting in India but it had no express authority to regulate law reporting. 

As a result of the Act of 1875 Act, Indian Law Reports were started by the High Courts of Bombay, Madras, Calcutta and Allahabad in 1876; Patna in 1922, Lucknow 1926, Nagpur 1936, Punjab 1948, Cuttuck and Assam 1949, Rajasthan and Mysore 1951, Andhra Pradesh 1954, Kerala 1957, Gujrat 1960,

 Besides, the Supreme Court cases, Supreme Court Reporter, All India Reporter, Criminal Law Journal, Uchchatam Nyayalaya Nirnay Patrika; Uchcha Nyayalaya Nirnay Patrika; Uchcha Nyayalaya Dandik Niray Patrika and Uchcha Nyayalaya Civil Nirnay Patrika are also some of the official law reports published by the Government agency. The total number of the official series of Law Reports in circulation today is around one hundred.

Privy Council: The important judgments of the Privy Council were reported in 77 Volumes from 1872 to 1950.

 Federal Court: It was started in 1935 and continued till 1949. The Federal Court Report publishes all important judgments given by the Federal Court. 

Law Reporting after Independence

After independence, the law reporting institutions increase in number. Now there are more than one Law reporting Journal for every High Court and also for the Supreme Court of India. 

Supreme Court of India: In place of the Federal Court and Privy Council, the Supreme Court of India was established at Delhi in 1950. There are several reporters reporting the Supreme Court judgments such as All India Reporter, the Madras Law Journal, Supreme Court Journal (SCJ), Supreme Court weekly Reports, etc

On the basis of length and language:

1. Full-Text Law Reports 

These reports incorporate the entire judgement that has been given by the court along with a headnote which includes the summary of the judgement. These reports are often cited in preference to summary reports.

2. Summary Reports

 Summary reports are those law reports which only include the summary of the case as seen in case digests. 

These are also comparatively less formal as compared to the full-text reports. Reports may also be classified on the basis of whether they are official or privately published: 

1. Official Reports

 Official reports are those which are published by the authorities. They are not very popular even today, since they are updated slowly and often quite expensive. One such official law report in India is Indian Law Reports.

2. Non-Official Reports

 These are privately published law reports. These days, non-official reports are often favoured over official reports due to the speedy publication. However, since they are privately published, they may charge a high fee for providing their services. Moreover, non-official reports tend to be repetitive, i.e., they may undermine the purpose of a law report which is to provide information on new precedents.

 On the basis of geographical context: 

1. All India Reports :These reports, official or non-official, accumulate and publish precedents from across states. Such reports will contain precedents set in the Supreme Court, High of Madras or High Court of Maharashtra and so on. All India Reporter is an example of a non-official all India report while Indian Law Reports would be an example of an official law report.
2.  State Specific Reports :These reports are confined to a particular state. They publish precedents set only in the assigned state, such as the Allahabad Weekly Reporter (nonofficial) or ILR Patna (official). There are also certain Special Law Reports which are published keeping in mind a particular legal field or aspect. These Law Reports accumulate information regarding one particular issue or field, such as labour law or company law and publish new precedents established in these fields alone. Examples of this would be Income Tax Reports or Labour Law Journal.

Points to remember

1. Law reporting in India is the process of publishing the judgments and decisions of courts and tribunals in India.
2. In India, there are several law reporters that are responsible for publishing judicial decisions. Some of the most prominent law reporters include:  All India Reporter (AIR) , Supreme Court Cases (SCC) ,Indian Law Reports (ILR) , Criminal Law Journal (CLJ) ,Madras Law Journal (MLJ), Kerala Law Times (KLT) These law reporters publish the decisions of the Supreme Court, various high courts, and other tribunals in India.
3. The process of regular reporting of laws commenced after the establishment of High Courts in 1862. The High Court of Madras published the Madras High Court Reports in eight volumes covering a period from 1862 to 1875.
4.  Similar Reports were published by the High Courts of Calcutta and Bombay. The Bombay High Court Reports for the period 1862–75 ran in twelve volumes.
5. The Indian Law Reports Act 1875: Sir James Fitzjames Stephen, the Law Member of the Government of India in 1872 he expressed dissatisfaction about the system of law reporting prevailing in India at that time. Criticising the Reports of private publishers, he observed that they were brought out for commercial gain hence many of them were mere reprints of the written judgments of the Judges with no statement of facts of the case or arguments of the counsels.

6. Privy Council: The important judgments of the Privy Council were reported in 77 Volumes from 1872 to 1950.
7.  Federal Court: It was started in 1935 and continued till 1949. The Federal Court Report publishes all important judgments given by the Federal Court. 
8. Law Reporting after Independence: After independence, the law reporting institutions increase in number. Now there are more than one Law reporting Journal for every High Court and also for the Supreme Court of India. 
9. Supreme Court of India: In place of the Federal Court and Privy Council, the Supreme Court of India was established at Delhi in 1950. There are several reporters reporting the Supreme Court judgments such as All India Reporter, the Madras Law Journal, Supreme Court Journal (SCJ), Supreme Court weekly Reports, etc.