Meaning and Sources of Law

By- Dr. Navtika Singh Nautiyal

 Table of Content
• Background
• Sources of Law
• Sources of Indian Law
• Custom as a Source
• Requisites of Valid Custom
▫ Antiquity
▫ Continuity
▫ Reasonable
▫ Certainty
▫ Consistency
▫ Peaceful Enjoyment
▫ Conformity with Statute Law
▫ Not opposed to Public Morality
INTRODUCTION
• Source of law: the origin from which rules of
human conduct came into existence and derived
legal force or binding character.

• Three meanings:
▫ Formal source
▫ Literary source
▫ Material Source
Conclusion
• Custom is one of the oldest forms of law making
• In primitive societies human conduct was
regulated by practices which grew up
spontaneously and were later adopted by people.
• Custom is a habitual course of conduct observed
uniformly and voluntarily by the people.
• All customs which have the force of law are of two
kinds- legal and conventional
• A legal custom is one whose legal authority is
absolute
• Legal customs are of two kinds- Local and
General
• A conventional custom is an established practice
having been followed for a considerable period
of time and arising out of contract between the
parties.
• An important controversy is weather a custom is
already law and can be regarded as such
independently of judicial recognition
• In practice the above said controversy does not
have any vital or worthwhile impact.
• It is for the State to recognize or derecognize a
custom as valid or invalid.
• The state possesses the power to abrogate or
supersede a custom.
• A Custom is legally recognized and enforced if it
fulfills certain essentials pre-requisites.