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Principle Sources Indian Law Statute Legislation

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Last updated date: 16th Jul 2024
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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 Principle Sources Indian Law Statute Legislation

Q1. What is Legislative Law?

A1. The legislative laws and statute law are the same. To enact the legislation, there are legislative bodies that perform complex tasks. The process includes a series of steps that are taken by the legislative body for further evaluation, amendment, and voting on the proposed legislation. The task of implementation of the legislation is left to the entities as they are responsible for studying the community or a specific society. Legislation can be prepared and enacted by the local, state, and national legislatures. These are imposed to apply to municipal ordinances and administrative agencies.

Q2. What is the difference between Subordinate Legislation and Supreme Legislation?

A2. Supreme legislation has the sovereign power of the state. It cannot be controlled, repealed, or annulled by other legislative authorities. Therefore, it is considered the highest law-making body in the state. In most countries, supreme legislation cannot be questioned in the court of law. On the contrary, the subordinate legislation proceeds from an authority that does not have sovereign power. It depends on the validity and existence of a specific authority which is superior. It is the Parliament of India that has the power of supreme legislation.

Q3. Define Legislation and Custom.

A3. In our society, customs have been followed by people over a long period, and they still exist to this day. This is because of uninterrupted practice and antiquity maintained with time. The primary basis of custom is the maintenance and protection of something that has been followed by the people of a community or state over a long period. It is considered as the will of people. However, in terms of legislation, it means laws enacted by some authority of the state to enhance the living conditions. The legislation is based on the reliability of the fact that the state will enact the laws only for people staying in the state and not otherwise.