TOPIC: SOURCES OF INDIAN LAWS

NAME- SANGITA JOARDAR

UN. ROLL NO.- 18502218018
COURSE- B.H.M.C.T (2018-2022)
SEM- 7TH (4TH YEAR)
SUBJECT- BUSINESS LAW (CA2 ASSIGNMENT)
First of all I heartily thank my business law teacher Mr. Ankan Basu for his
incomparable efforts support and constant cooperation indeed towards me in the
completion of this assignment.
He has also been the vital source of encouragement for me through the working of
this assignment.

Finally I'm also grateful to my parents, and even friends who devoted their auspicious
time for helping me in incompletion of this assignment. Thank you.
SL. NO. PARTICULARS SLIDE NO.

1. INTRODUCTION 4

2. INDIAN LAWS & THEIR SOURCES 5

3. Customs or Customary Law 6

4. Judicial Precedents 7

5. Legislation 8

6. Justice, Equity 9

7. International Treaties/Agreements 10

8. BIBLIOGRAPHY 11

9. SALUTATION 12
The law of India refers to the system of law across the Indian nation. India
maintains a hybrid legal system with a mixture of civil, common
law and customary,Islamic ethics, or religious law within the legal framework
inherited from the colonial era and various legislation first introduced by the
British are still in effect in modified forms today. Since the drafting of the Indian
Constitution, Indian laws also adhere to the United Nations guidelines
on human rights law and the environmental law.
Primary Sources of Law are in the Indian constitution, enactments passed by
Parliament of India, statute, case laws, treaties and customary law. Constitution/
Charters are the fundamental principles of law by which a government is
created and a country is administered.
The word ‘law’ is of great parlance in today’s world. It is very essential to
know the law of land to survive in society and escape from its unethical
behavior. To determine the law, it is important to know its sources and from
where it is derived. Law in India has been derived from multiple sources
ranging from customs, religion, scientific commentaries, justice, equity, and
good concise to International treaties and agreements.

Let’s know the five main sources of law in India in the next few slides-
Customs is the oldest law and one of the main sources of law in India. When a
particular practice is followed from a long time by people habitually or regularly,
then that practice is followed as a custom for the future purpose. According to
Salmond, ‘custom is the embodiment of those concepts which have counseled
themselves to the countrywide judgment of right and wrong as the ideas of
justice and public utility.’
Roscoe Pound determined the ingredients that form customary laws. According
to Pound customs comprises of laws formed through judicial choice, through
customs of famous motion, and with the aid of doctrinal writings and clinical
discussions.

Ingredients of Customs-
• Antiquity
•Continuous
•Peaceful Enjoyment
•Obligatory in nature
•Certainty
•Consistency
Judicial Precedents rests on the doctrine of ‘stare decisis.’ The doctrine
implies adhering and relying on earlier decisions made by the courts. The
doctrine of stare decisis rests on public policy. This brings confidence in the
public eye, and the administration of justice becomes crystal clear.
The decisions of the lower bench can always be overruled by the higher
bench by giving due reasonings. The Supreme Court in Golaknath v. State by
6- judge bench gave a decision that Fundamental Rights are not amendable.
Later in Keshvanand Bharti v. the State of Kerala by 13-judge bench overruled
the Golaknath case.
Usually, there are two principles that need to be followed-
•In practice, the rule implies that lower courts are bound to apply the legal
principles set down by higher courts in earlier cases. This provides
consistency and predictability in the law. For example- the decision of SC’s
higher bench is bound by its lower bench.
•Secondly, the higher court is bound by its own decision in general in the
same matters related to precedence.
According to Salmond, “legislation is that source of law which is composed
within the declaration of prison regulations by using an able authority.”
The legislation is one of the primary sources of law in India. Legislation has a
very wide ambit and is used to regulate, authorize, to enable, to provide funds,
to prescribe, to sanction, grant, declare, or to restrict. The legislation is framed
by parliamentary actions in the form of Acts, new laws and amendment and
repeals of the old law. The procedure by which the parliament frames
legislation is prescribed in the Constitution of India.

There are usually two types of Legislation-

•Supreme Legislation: The law that originates from the sovereign strength of
the nation. It is the parent or the ultimate law which cannot be annulled,
repealed, or managed by other legislative authority.
•Sub-ordinate Legislation: This sub-ordinate legislations are dependent on
supreme legislation when it comes to their validity or existence.
It means according to the justness, fairness, or good concise. This principle is
applied in such scenarios where the law is either inadequate or becomes
obsolete or unjust.
The judges apply their common sense and act in accordance with justice, equity,
and good concise and deal with the cases.
The law should impart justice, equity, and good concise.
The term ‘globalization of law’ means that the whole world is bound by a single
set of law. Such rules are harmonized by the United Nations, which stands at the
forefront.
Members of the United Nations accept the norms or rules that are laid down by
the organization. India is one of the members of the United Nation has to abide
by its statutes and rules and consequently frame the laws in conformity with
such rules.

Therefore, International treaties and conventions play a very significant role in

framing new laws and acts as one of the sources of law.
For completing this assignment I had taken help from the following:
1. Website- google.co.in
2. Reference- Political science K.K Ghai.