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Sources of Law in India: Constitution, Statute, Custom and Precedent

Updated 10 October 2026 · Fact-checked

Sources of law are the places from which Indian law comes. The main ones are the Constitution, statutes passed by Parliament and State Legislatures, delegated legislation, judicial precedents, and customs. To solve questions, identify who made the rule and in what form, then match it to the correct source.

Understand Sources of Law in India

Law does not appear from nowhere. Every rule you must follow was created by some authority in some form. The place or form it comes from is called a source of law.

The Constitution is the supreme source. It sets up Parliament, the State Legislatures, the executive and the courts, and divides their powers. Any law that conflicts with it can be struck down by the courts.

Statutes (also called Acts or enacted law) are laws made by Parliament or a State Legislature after a Bill is passed and receives assent. The Indian Contract Act, 1872 is an example. Statutes are the most important and most common source today.

Delegated legislation (subordinate legislation) is law made by an authority other than the legislature, such as a Minister, a department or a regulator, under power given by a statute. Rules, regulations, bye-laws, orders and notifications are examples. Parliament cannot write every detail, so it lays down the principle and lets the executive fill in the details. The parent Act must authorise it, and courts can strike it down if it goes beyond that power.

Judicial precedents are earlier court decisions that guide later cases. Under the Constitution, the law declared by the Supreme Court is binding on all courts in India. Customs are long-followed practices that people regard as binding. A custom is accepted as law only if it is ancient, certain, reasonable, followed continuously and not against statute or public policy. Where an Act conflicts with a custom, the Act prevails.

Key formulas to remember

Supremacy rule: Constitution > Statute > Delegated legislation; A statute cannot violate the Constitution, and delegated legislation cannot go beyond its parent Act. Courts can declare such laws invalid.
Delegated legislation test: Valid only if made within the power given by the parent Act; If it exceeds that power (ultra vires), a court can set it aside.
Essentials of a valid custom: Ancient + Certain + Reasonable + Continuous + Not against statute or public policy; A custom that fails any of these conditions is not accepted as law.
Binding force of precedent: Supreme Court law binds all courts in India; High Court decisions bind courts below it in that State. Other High Courts treat them as persuasive.
Statute vs custom: Statute prevails over a conflicting custom; Custom operates only where no statute overrides it.

How to solve Sources of Law in India questions

Most questions ask you to identify a source, define a term or choose a true statement. Use this method.

1Read the question and note the key clue: who made the rule, and in what form.
2If it is a constitutional provision or the supreme law of the land, think Constitution.
3If it was passed by Parliament or a State Legislature as an Act, it is a statute.
4If it was made by a Minister, department or regulator under an Act, it is delegated legislation (rules, regulations, notifications, bye-laws).
5If it comes from a court judgment guiding later cases, it is precedent. If it comes from long-followed practice, it is custom.
6For true/false statements, check the hierarchy and the conditions: custom needs the essentials, delegated law needs authority from the parent Act.
7Eliminate options that reverse the hierarchy or that overstate a rule.

Quickest way: Clue-word matching

When to use it: Use it for one-line identification MCQs where time is short.

Spot the clue word: Act or Bill means statute; rules, regulations or notification means delegated legislation.
Judgment, ruling or earlier case means precedent.
Ancient practice or usage means custom.
Fundamental structure or supreme law means Constitution.
Drop any option that says custom overrides a statute or that delegated law can exceed its Act.

Common mistakes in Sources of Law in India

Treating delegated legislation as made by Parliament.
Students see that the parent Act is passed by Parliament and assume everything under it is too.
Fix: Remember the maker. Parliament passes the Act; the executive or regulator frames the rules under it.
Thinking a custom always overrides a statute.
Students remember that custom is old and respected.
Fix: A statute prevails over a conflicting custom. Custom works only where law is silent or permits it.
Calling every old practice a valid custom.
Students forget the essentials.
Fix: Check that it is ancient, certain, reasonable, continuous and not against law or public policy.
Placing statutes above the Constitution.
Statutes are the most visible source, so they seem the highest.
Fix: The Constitution is supreme. A statute that conflicts with it can be declared invalid.
Believing every High Court ruling binds all courts.
Students mix up binding and persuasive precedent.
Fix: Supreme Court law binds all courts. A High Court binds courts below it in its own State only.

Worked examples

Example 1

The Ministry issues a notification framing rules under an Act passed by Parliament. The rules go beyond what the Act permits. Which statement is correct?
(a) The rules are valid because the ministry is part of the government
(b) The rules are valid because Parliament passed the Act
(c) The rules can be struck down as ultra vires the parent Act
(d) The rules become part of the Constitution

Show the solution

Identify the source: rules framed by a Ministry under an Act are delegated legislation.
Recall the test: delegated legislation is valid only within the power given by the parent Act.
The rules exceed that power, so they are ultra vires.
Option (a) and (b) ignore the limit. Option (d) is absurd, since rules do not become part of the Constitution.
Only (c) fits.

Answer: (c) The rules can be struck down as ultra vires the parent Act.

Example 2

A community has followed a practice for generations. It is clear, reasonable and continuous, but a recent Act expressly prohibits it. Is the practice enforceable as law?

Show the solution

Test the custom: it is ancient, certain, reasonable and continuous, so it meets the essentials.
Check the last condition: a custom must not be against a statute.
The Act expressly prohibits it, so the conflict arises.
A statute prevails over a conflicting custom.

Answer: No. The Act prevails, so the custom is not enforceable as law.

Exam tips

Learn the five sources and the hierarchy in one line so you can eliminate options fast.
Questions often test who makes each source. Link each source to its maker.
Watch for absolute words such as always and never. They usually signal a wrong option.
Know the essentials of a valid custom as a list. They are a favourite statement-based MCQ.
There is no negative marking, so attempt every question.

Practice questions from Legal Methods and Court System in India

Sources of Law in India in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Sources of Law in India: frequently asked questions

What are the main sources of law in India?

The main sources are the Constitution, statutes, delegated legislation, judicial precedents and customs. The Constitution is supreme. Statutes are the most common source of law today.

What is delegated legislation with examples?

It is law made by an authority other than the legislature under power given by an Act. Examples are rules framed by a Ministry, regulations by a regulator, bye-laws of a local body and government notifications.

Can a custom override a statute?

No. A statute prevails over a conflicting custom. A custom is accepted only if it is ancient, certain, reasonable, continuous and not against law or public policy.

Are court judgments a source of law in India?

Yes, as judicial precedents. Law declared by the Supreme Court binds all courts in India. High Court decisions bind subordinate courts in that State.