Sources of law represent the channels through which legal rules acquire validity, authority, and binding force.
1. Custom as a Source of Law
Custom is the oldest source of law, representing long-standing societal practices. For a custom to be recognized as legally binding, it must satisfy:
- Antiquity: The custom must be ancient or immemorial.
- Continuity: It must have been practiced continuously without interruption.
- Reasonableness: It must be consistent with justice, public policy, and common sense.
- Peaceable Enjoyment: Practiced with public consent, not by force.
- Statutory Conformity: It must not violate enacted legislation.
2. Legislation as a Source of Law
Legislation is the formal declaration of legal rules by a sovereign state organ (Parliament/Legislature). It is classified into:
- Supreme Legislation: Enacted by the sovereign Parliament (e.g., Parliament of India) and cannot be repealed or amended by any lower authority.
- Subordinate (Delegated) Legislation: Rules, regulations, and bye-laws enacted by administrative authorities under powers delegated by the legislature.
3. Judicial Precedent
Rulings of higher courts that serve as authoritative guides for resolving similar disputes in lower courts. It provides the legal system with predictability and consistency.