Sources of Indian Law: A Comprehensive Overview

The legal system in India draws its strength from various sources, which contribute to the creation, interpretation and application of laws. These sources play a crucial role in shaping the country’s legal landscape and ensuring justice, fairness and consistency. 

Primary Sources of Indian Law

Customs: Customary law is an essential primary source of Indian law. Customary practices and traditions that have been consistently followed within a specific community over time can gain the status of law. Courts often recognise and enforce customary laws when there are no conflicting statutes or judicial precedents. 

While the Indian legal system places a strong emphasis on written laws, customs remain influential in certain areas, particularly in matters related to personal and family laws.

Judicial Precedents

Judicial precedents, also known as case law or judge-made law, are decisions rendered by courts in previous cases. The doctrine of precedent holds that decisions made by higher courts become binding on lower courts and are persuasive authorities for future cases. 

Courts often rely on judicial precedents to interpret laws and provide consistency and predictability in legal decisions.

Statutes

Statutes, also referred to as legislation or acts, are laws enacted by the Indian Parliament or State Legislatures. These laws are formal written rules that address various aspects of society, including criminal law, civil law, labour law and more. 

Statutes are the most authoritative and comprehensive source of Indian law and carry the highest legal force, superseding other sources in case of a conflict.

Personal Law

Personal laws in India govern matters related to family, marriage, divorce, inheritance and succession for specific religious communities. These laws are based on religious scriptures, customs and traditions and vary for different religious groups, such as Hindu, Muslim, Christian and Parsi. 

Personal laws are respected and upheld by the Indian legal system, offering individuals belonging to these communities a unique legal framework.

Secondary Sources of Indian Law

English Law

The influence of English law on the Indian legal system dates back to the colonial era when India was under British rule. English common law, principles of equity and statutes that were in force during British colonial rule significantly influenced the development of Indian law. 

After independence, many of these legal principles were retained and incorporated into the Indian legal system.

Justice, Equity & Good Conscience

The principles of justice, equity and good conscience are secondary sources of Indian law that serve as a fallback when there is a gap or ambiguity in primary sources. 

Courts can invoke these principles to ensure fairness and justice in situations where existing laws do not adequately address specific circumstances.