The term law is very diverse to illustrate. In recent days, it is pivotal to have effective statutory law in India to perform orderly functions in social life and maintain the existence of mankind. The principle sources of Indian law statute legislation help you to understand the inception of Indian law with ease. Not only in India, but in the entire world, every person must be aware of the law of their particular country to prevent unethical behaviour. There are different categories of law, including, statute law, legislative law, and others.
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Law has several definitions, and generally, it is a meaning through which a community, country, or system runs regulatory actions upon the members. The law can be enforced based on the imposition of the penalties. The body of principles that are recognized and applied within a state is called law. It is handled by the supreme legislation in the country. When proceeding with the study of law, one must determine the sources to rely completely on justice. Remember, each land has its law, and it is derived from the sources. Therefore, it becomes essential to know the sources before getting into the overall concept of laws and legislation.
The Concept of Law
For every civilization, the law and legal system act as a statutory law example. None of the civilization can grow towards evolution without a proper legal system. Finding the sources of law in India will lead us back to the centuries when it all started as a divinely ordered rule. It was seen as a reflection of reasons which are divine. Law can be defined from the perspective of history, philosophy, theology, social, and realistic angles. Based on these different approaches and thought processes, various schools of law have emerged. Whatever the thought process is, it all leads to justice and ensures peace among the people of a country.
For a comprehensive understanding of the law, it is important to determine the classification of law. Classifying law has several benefits, including:
Making of laws in the state assembly
Understanding the types of statues in law
Determining the interrelation of rules
Determining the systematic arrangements of rules
With time, different types of branches were introduced, and old classification became obsolete.
What is Statutory Law?
When it comes to statutory law in India, it is introduced by the legislature. It is the statute that is passed, and the body of law that results from the statutes forms the statutory law. Therefore, the statutory law definition is quite simple. It is also referred to as a legislative law. Statutory law can be located and read at the law library or even online. The reason is, it does not depend on state or federal law. This is not the case in terms of common law, and thus, they are referred to as unwritten law. These laws are collected from a single source.
Statutory law in India is the written laws that are enacted by a legislative body. The laws vary based on administrative and regulatory laws. These are further passed by executive agencies. Common laws are subject to interpretation in the court. However, in the case of statutory law, they are strictly constructed by the legislative bodies. Therefore, the courts will not be able to read the liens of a statute to liberalize the application. Statutory laws are bound on express terms.
Customs and Customary Law
A bit different from the statute law, customs is one of the main sources of introducing laws in India. A custom law is that law which emerges when people follow a particular practice habitually and regularly over a long period. Custom is the personification of the concepts which are counseled based on a countrywide judgement of figuring out the right justice. Some of the important ingredients of customs are as follows.
Continuous
Antiquity
Obligatory in Nature
Peaceful Enjoyment
Consistency
Certainty
Reasonability
Legislative materials, including subordinate legislation, is a procedure used for making law through competent authority. The body is responsible for the task of drafting and then enacting the specific laws in the state. Here, the concept of law-making is strict as there is only one body that is entrusted for the task.
FAQs on Indian Law: Principal Sources and Statutes
1. What are the principal sources of law in India for Commerce students?
The principal sources of Indian law, relevant for commerce and business studies, are broadly classified into primary and secondary sources.
- Primary Sources: These are the most authoritative sources and include Legislation (Statutes), Customs that are legally recognised, Judicial Decisions (Precedents), and the Constitution of India, which is the supreme source.
- Secondary Sources: These sources explain and interpret the primary sources but are not binding. They include principles of Justice, Equity, and Good Conscience, and commentaries from legal scholars.
2. What is meant by 'statute law' in the Indian legal system?
Statute law, also known as legislative law, refers to the written laws formally enacted by a legislative body. In India, this power rests with the Parliament at the central level and the State Legislative Assemblies at the state level. These laws are codified in official documents and are a primary source of law that governs various aspects of life, including business, trade, and commerce.
3. What is the main difference between Supreme Legislation and Subordinate Legislation?
The key difference lies in the authority that creates the law. Supreme Legislation is enacted by the sovereign law-making body of the state, which in India is the Parliament. Its validity cannot be questioned by any other domestic authority. In contrast, Subordinate Legislation is made by an authority that is lower than the sovereign. This authority (like a government department or a municipal corporation) derives its power from a supreme law and its enactments can be challenged in court for exceeding the power granted to it.
4. How does a traditional 'custom' gain the status of a legally binding source of law?
For a custom to be recognised as a legally valid source of law, it must satisfy several essential conditions. It must be:
- Ancient: It should have existed for a long, uninterrupted period.
- Continuous: It must have been practised without a break.
- Reasonable: It cannot be unfair, unjust, or opposed to public morality.
- Certain: Its meaning and application must be clear and unambiguous.
- Not in conflict with statutes: It must not contradict any existing law passed by the legislature.
5. Why is the Constitution of India considered the supreme or fundamental source of law?
The Constitution of India is considered the supreme source of law because it is the foundational legal document of the country. It establishes the structure of the government, defines the powers of the legislature, executive, and judiciary, and guarantees Fundamental Rights to its citizens. Any law, statute, custom, or precedent that violates the basic structure or provisions of the Constitution can be declared unconstitutional and void by the courts. Therefore, all other sources of law must conform to its principles.
6. How do court decisions or 'precedents' become a source of Indian law?
Court decisions, known as judicial precedents, become a source of law through the principle of 'stare decisis', which means 'to stand by things decided'. According to this doctrine, the legal principles laid down by a higher court, like the Supreme Court or a High Court, are binding on all lower courts within its jurisdiction. When a court interprets a statute or decides on a matter where no law exists, its judgement sets a precedent that guides future cases with similar facts, thus effectively creating law.
7. In a situation of conflict, which source of law holds more power: a statute or a custom?
In the Indian legal hierarchy, a statute holds more power than a custom. While customs are a recognised source of law, they are considered valid only if they do not conflict with existing statute law. If the Parliament or a State Legislature enacts a new law that is in direct opposition to a long-standing custom, the new statute will prevail. The legislature has the authority to create, amend, or abolish laws, including those based on custom, provided the new statute is constitutionally valid.
