Name :– Amit Kumar Maurya

Class Roll No:- 182626

Exam Roll No:- 180090

SOURCES OF LAW
Means the origins of law, i.e. the binding principles / rules governing the human conduct.
Such sources may be international, national, regional or religious.
It also refers to the sovereign or the state from which the laws descends its enforcement or authority.

CLASSIFICATION OF SOURCES:
 Primary Sources
 Secondary Sources
 Non-Legal Sources

1. PRIMARY SOURCES
Primary sources states the actual law and have binding nature.

These sources include:

 Constitution

Constitution is the fundamental principles of law by which a government is created and a country is
administered.

Constitution of India is the fountain source of law which was drafted by “Constituent Assembly”

 Legislative

Legislation is that source of law which consist in the declaration of legal rules by a competent
authority. Legislature is the direct source of law. The term legislature means any form of law
making.

 Statutes (laws enacted by legislatures)

Statutes are act of legislature, adopted under its constitutional authority. Statutes are enacted to
prescribe conduct, define crimes, create inferior government bodies, appropriate public monies, and
in general to promote the public welfare.

 Central Statutes
o National Green Tribunal Act, 2010
o Prevention of Corruption Act, 1988
o Prevention of Money Laundering Act, 2002
o The Indian Evidence Act, 1872
o The Indian Penal Code, 1860
  State statutes
o Uttar Pradesh Taxation and Land Revenue Laws Act, 1975
o Uttar Pradesh State Legislature (Prevention of Disqualification) (Amendment) Act, 2006
o Uttar Pradesh State Law Commission Act, 2005
o Uttar Pradesh State Commission for Women Act, 2001
o Uttar Pradesh Stamp Act, 2008
 Acts of Parliament
 Official gazettes i.e Gazette of India
 Administrative rules/regulations
 Executive legislation
 Ordinances issued by The President
 Delegated legislation
Though the main function of the executive is to enforce laws, but in certain cases, the power of
making rules is delegated to the various departments of the government, which is called
subordinate delegated legislation.
 Rules and Regulations (established by administrative government agencies)
 Judicial legislation
It means rules of procedure made by superior courts for their own guidance under authority
delegated to them for the purpose. In other words the superior courts have the power of making
rules for the regulation of their own procedures. (Article 145 of the Constitution of India
empowers the Supreme Court to frame its own rules (with Presidential approval) for regulating
court practice and procedures.)
 Supreme court rules
 Judicial Precedents.

It refers to previously decided judgments of the superior courts, such as the High Courts and the
Supreme Court, which judges of lower hierarchy courts are bound to follow for deciding a similar
state of fact in the same manner or on the same principle or by analogy.

This binding character of the previously decided cases is important, considering the hierarchy of the
courts established by the legal systems of a particular country.In the case of India, this hierarchy has
been established by the Constitution of India.

 Article-141 of The Constitution of India- Law declared by Supreme Court to be binding on

all courts.

Principles of precedent

 Ratio decidendi: Reason for the decision

An authoritative principle of a judicial decision. It contains the principle of law formulated
by a judge, it is essential for the decision of a case. It has force of law and binding on the
courts.
  Obiter dictum: Something said by the judge, does not have any binding authority
Judge may declare some general principles relating to law but that may be unnecessary and
irrelevant to the issues before him. Those unnecessary statements of law which lay down a
rule is called Obiter dictum.
 Stare decisis: Means let the decision stand in its rightful place
Reporting of the decisions of the court Act to stare decisis a principle of the law which has
become settled by a series of decisions is generally binding on the courts and should be
followed in similar cases. It is based on expediency and public policy.

Judicial precedents Consists of :

 Case laws and landmark judgments of
o Supreme Court of india
o High Courts of respective states 
 Official Law Reports
 Law Reports compiled by
o AIR- All India Reporter
o SCC-Supreme Court Cases 
o SCR-Supreme Court Reports

 Customary Law

Custom is the uniformity of conduct of all persons under like circumstances and when a particular
course of conduct is followed again and again, it becomes a custom.

Customs are social norms and treated as force of law e.g. Schedule areas or tribal region’s customs
are treated as force of law. Most of the customs brought before the courts are tribal, communal,
sectarian or family custom.

Customs is recognized as law, only if it is:

Ancient in origin
Reasonable in nature & continuous in use
Certain in its extent and invariable in its practice & operation

 Treaties & International Agreements

A treaty is the official document which expresses as agreement in words or as legislation to regulate
a particular aspect of international relations, or form the constitutions of international organizations.

In simple words, treaty is the most formal type of agreement between nations, such as,

 Geneva Convention,
 Vienna Convention, 
 World Free Trade Agreement,
 Convention on the Elimination of All Forms of Discrimination against Women
 International Covenant on Civil and Political Rights
2. SECONDARY SOURCES
Secondary sources are used to help locate primary sources of law, define legal words and phrases, or help
in legal research.  Secondary Law consists of sources that explain, criticize, discuss, or help locate
primary law. 

Examples of secondary legal sources include:

 Legal dictionaries
 Black’s Law Dictionary

 Legal encyclopedias and digests

 Supreme Court Criminal Digest
 .Supreme Court Yearly Digests
 Complete Digest of Supreme Court Cases
 Labour Law Journal Digest

 Commentaries

Commentary is a series of explanations or annotations and a record of popular facts and case laws.
Commentaries provide comprehensive coverage of a broad area of law, such as criminal law,
administrative law, contract, etc.

 Law reviews/Periodicals/Yearbooks- statutes, cases & articles

 AIR accidental claims and compensation
 AIR Civil Cases
 Criminal Law Journal
 Divorce & Matrimonial Cases
 Labour And Industrial Cases

 Law Journals
 Indian Journal of International Law
 Journal of  Indian Law Institute 

 Legal Reference Books

 Legal Articles
 Law Commission Reports

3. NON-LEGAL SOURCES
 Web Based Resources
 Newspaper Articles
 Media Reports