Module 1

Full marks descriptive and short answer question

Module 2

Sources of law

Classification of law:

1. Divine laws

2. Human laws framed by men:

Rules enforced by determinate human authority. Ex: state made laws (MPs and
MLAs)

Rules are modalities vary from person to person (All people). Rules are
modalities are enforced by indeterminate authority. Ex. Mutual respect, respect
parents

Mc Iver: Private (adjustment of laws between people to person) and Public laws

Substantive and procedural law

Salmod classified laws in 8 categories:

1. Imperative law

2. Physical or scientific law

3. Natural or Moral Law: based on right and wrong

4. Conventional law: ex. Jus cogen – agreement entered between two state
must be followed in good faith and peace or as laid or agreed upon

5. Customary law: custom prevalent since ages in people. general approval of

people is pre-requisite

6. Practical or technical law: rules meant for particular human community

7. International law: rules which regulate relationship between states inter

8. Civil laws: enforced by states, essentially territorial in nature

Sources of law:
Law has a divine origin

Ex. Vedas, Smriti and Gita are sources of law for Hindus

Quran is source of law for Muslims

Salmond

1. Material sources:

i) Legal: legislation, precedent, customary, conventional (authoritative or

abidingness present)

ii) Historical: (writing of jurists, ) (lack authoritative or abidingness)

2. Formal:

Ex. Decision of the court

Legislation as source of law: legis: law, latum: to put

Laying of legal rules by legislature which state recognizes as law, it has force and
authority of state. Effective source of law as laying of legal rules ie. Publication of law

Law making power:

1. Enactment

2. Repealing of old laws / invalidating / revoking

3. Modifying old laws, Amendment: Art. 368 of Indian Constitution gives power to
parliament to amend the laws or transforming or inserting new provisions

Supreme legislation: proceed from sovereign power of the state. (Sovereign authority is
Parliament but it is not Supreme authority), supreme authority is the Constitution of
India

Sub ordinate legislation: proceed from other than sovereign power

Colonial legislation: British colonies

Executive legislation: Art. 123, and 213, ordinance or rule making power to executives

Judicial legislation: Art. 145 and 227. 145: SC has power to make rules for….

227: HC has power to make rules

Municipal Legislation: pertaining to subject matters related to Town planning, property
Tax

Autonomous legislation: ex. University, companies, corporation has rule making power
conferred by the state

Kinds, merits and demerits, comparison

Article 13 (2): power to Judicial Review

Laws made by legislation/ statutory laws

Demerit or disadvantage:

1. Rigid – it is not flexible

2. Ambiguous – sometimes not clear (scope of interpretation)
3. Hasty legislations –

Legislation:

1. De jure –
2. Will of the State
3. Considered as advanced method of law making

Custom:

1. De facto –
2. Habits of the people, therefore will of the people
3. Old method

Precedent:

For Administration of justice

Judicial organ: adjudicating rights of litigants / parties

1. A K. Gopalan case
2. Maneka Gandhi case
 3. Vishakha case – Judges referred CEDAW - The Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the
UN General Assembly, is often described as an international bill of rights for
women.

Meanings and definition:

Doctrine of precedent is a life blood of every legal system, Which is to be operative

along with the power of over ruling.