Sources of law in India
-The main sources of law in India are the Constitution, statutes (legislation), customary law and
case law. Statutes are enacted by Parliament, State legislatures and Union Territory
legislatures.
-Besides, there is a vast body of laws known as subordinate legislation in the form of rules,
regulations as well as bye-laws made by Central/State governments and local authorities like
municipal corporations, municipalities, gram panchayats and other local bodies. This
subordinate legislation is made under the authority conferred or delegated either by Parliament
or State or Union Territory legislatures concerned.
-Judicial decisions of superior courts like Supreme Court and High Courts are important sources
of law. Decisions of Supreme Court are binding on all courts within the -territory of India.
Local customs and conventions which are not against statute, morality, etc., are also recognised
and taken into account by courts while administering justice in certain spheres.
A) Customs
Customs are oldest source of law. It is the outcome of habits. When a particular habit is followed
for a long time by the people regularly and habitually, the custom comes into being. When
written laws were more conspicuous by their absence in the primitive society, it was customary
laws that regulated human conduct in the primitive society. It is said that kings have no power to
create custom and perhaps less to destroy it. Customs largely influence the legal system of a
state and the state gets rid of the bad customs like Sati, Polygamy, and Dowry etc. only by
means of legal impositions. The United Kingdom provides the best example of customary laws
which are found in the common law of England. In the United Kingdom the law and custom are
so intimately connected with each other that the violation of convention custom will lead to the
violation of law.
(B) Religion
The religion is another important source of law. It played an important role in the primitive period
when men were very much religious minded and in the absence of written laws the primitive
people obeyed religion thinking it of divine origin. In the medieval period, most of the customs
that were followed were only religious customs. Even today the Hindu Laws are founded on the
code of Manu and the Mohammedan Laws are based on the Holy Koran. The religious codes
become a part of the law of the land in the state incorporates the religious codes in its legal
system.
(C) Judicial Decisions
Since the dawn of the human civilisation the dispute between two parties is referred to a third
party who acts as the arbiter. His decision is generally obeyed by both the parties. The arbiter
may be a tribal chief or a priest. But with the passage of time, the judicial organ of the state is
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