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Sources of Law in India

Indian law is derived from several sources, each playing a crucial role in shaping the legal framework of the country. Understanding these sources is essential for law students and aspiring lawyers. Let's explore the main sources of law in India, along with relevant case laws and illustrations.

Statutory Law​

Statutory law, also known as legislative law, is enacted by the government through Parliament or State Legislatures. These laws are codified and form the backbone of India's legal system.

Case Law: Maneka Gandhi vs Union of India (1978)​

In this landmark case, the Supreme Court held that fundamental rights guaranteed under Article 21 of the Constitution cannot be taken away except by a procedure established by law. This decision expanded the scope of judicial review in India.

Illustration: Consider a situation where a state government passes a law restricting public gatherings. Under statutory law, such restrictions must be reasonable and proportionate to the objective of maintaining public order.

Common Law​

Common law refers to judge-made law developed by courts through precedents. While India follows the civil law system, common law principles still play a significant role in shaping certain aspects of Indian jurisprudence.

Case Law: M. P. Sharma vs Satish Chandra (1954)​

In this case, the Supreme Court ruled that the Indian Constitution does not recognize the concept of "judicial notice." This decision emphasized the importance of evidence-based judgments in Indian courts.

Illustration: Imagine a scenario where a plaintiff claims that a defendant's property was stolen based solely on circumstantial evidence. A common law approach would require the court to consider all available evidence before reaching a conclusion.

Customary Law​

Customary law refers to traditional laws and practices observed by communities. While not formally recognized as a primary source of law, customary law often influences legal decisions, especially in rural areas.

Case Law: Chameli Singh vs State of Uttar Pradesh (1996)​

In this case, the Supreme Court held that the right to shelter is a fundamental right under Article 21 of the Constitution. This decision acknowledged the importance of customary rights in rural India.

Illustration: Consider a situation where a tribal community has traditionally used a forest area for grazing. Customary law might recognize this practice, even if it conflicts with statutory regulations.

Equity​

Equity refers to the principles of justice applied by courts when there's no specific statute governing a particular situation. These principles aim to achieve fairness and justice individual cases.

Case Law: Badri Prasad vs Delhi Administration (1982)​

In this case, the Supreme Court ruled that the principle of estoppel cannot be applied against the government in matters of public policy. This decision emphasized the role of equity in balancing individual rights with public interests.

Illustration: Imagine a scenario where a private company claims ownership of land that has been used by the local community for generations. An equitable approach would consider the historical use and the impact on the community.

International Law​

International law, while not directly applicable in Indian courts, plays an increasingly significant role in shaping India's legal landscape, particularly in areas such as human rights and environmental law.

Case Law: Vineet Narain vs Union of India (2006)​

In this case, the Supreme Court upheld the validity of the Right to Information Act, citing international norms and conventions as supporting factors. This decision demonstrated the growing influence of international law on Indian jurisprudence.

Illustration: Consider a situation where a multinational corporation operating in India violates environmental standards set by the United Nations. Indian courts might refer to international law to determine appropriate penalties and compensation.