Fundamentals of Business Laws and Business Communication · Sources of Law

Sources of Indian Law: Constitution, Legislation, Precedent and Custom

Updated 10 October 2026 · Fact-checked

Sources of Indian law are the origins from which rules get their legal force. The main ones are the Constitution, legislation (Acts and delegated rules), judicial precedents, customs and usages, and personal laws. In MCQs, identify what created the rule, then match it to the right source.

Understand Sources of Indian Law

A source of law is the place a legal rule comes from. When a court says something is the law, it must point to some source that gives the rule authority.

In India the Constitution is the supreme source. Every other law must agree with it. A law that conflicts with the Constitution can be declared invalid by the higher courts.

Legislation is law made by Parliament and State Legislatures. It is the most important everyday source. Acts passed by them are called statutes. Rules, regulations and bye-laws made by authorities under powers given by an Act are delegated (subordinate) legislation.

Case law or judicial precedent means earlier court decisions that guide later cases. Under the Constitution, the law declared by the Supreme Court is binding on all courts in India. High Court decisions bind courts below them within their own state or territory, and are persuasive elsewhere.

Customs and usages are long-followed practices that have become accepted as binding, and courts recognise them if they are ancient, certain, reasonable, continuous and not against statute or public policy. Personal laws apply to people by religion, such as Hindu, Muslim, Christian and Parsi laws, mainly on marriage, succession and family matters. Different books group these sources slightly differently, so learn the core list and read the question's wording.

Key formulas to remember

Core list of sources: Constitution + Legislation + Case law (precedent) + Custom + Personal laws; Some texts add others such as international treaties or books of authority. Answer by the options given.
Supremacy rule: Constitution > Statute > Delegated legislation; A lower rule that conflicts with a higher one is invalid to that extent.
Binding precedent: Supreme Court law binds all courts in India; High Court decisions bind subordinate courts in that High Court's jurisdiction only.
Valid custom tests: Ancient, certain, reasonable, continuous, not against statute or public policy; A custom failing these tests is not enforced as law.
Delegated legislation: Parent Act gives power → rules/regulations/bye-laws made; It must stay within the power given by the parent Act.

How to solve Sources of Indian Law questions

Use this method for any MCQ on sources of law.

1Read the question and find what created the rule: a document, an Act, a court ruling, a practice or a religion-based law.
2Match the creator: constitutional text means Constitution; Parliament or State Legislature means legislation; court decision means precedent; long-followed practice means custom; religion-based family law means personal law.
3If the question is about a rule made under an Act by a minister or authority, choose delegated legislation.
4If the question is about conflict, apply the hierarchy: Constitution first, then statute, then delegated rules.
5For precedent questions, check which court decided and which court is now deciding. Supreme Court binds all; High Court binds courts below it.
6Eliminate options that overstate, such as custom overriding a statute.
7Pick the option that fits the exact wording and move on.

Quickest way: Who made it? Elimination

When to use it: Use for one-line matching and 'which is a source' questions in under 40 seconds.

Ask 'who or what made this rule?'
Map the answer to one of five sources.
Cross out options that are not law-making bodies or practices.
For conflict questions, choose the higher authority in the hierarchy.
If two options look right, pick the one more specific to the wording.

Common mistakes in Sources of Indian Law

Treating delegated legislation as a separate source unrelated to Acts.
Rules and regulations look different from Acts.
Fix: Remember it is made under power given by an Act, so it sits below the Act.
Saying a custom can override a statute.
Students think older practices are stronger.
Fix: Custom is accepted only if it is not against statute or public policy.
Believing every High Court decision binds all courts.
Students merge High Court and Supreme Court authority.
Fix: Only the Supreme Court binds all courts. A High Court binds courts below it in its own area.
Confusing personal law with custom.
Both relate to community practice.
Fix: Personal law is a body of religion-based rules for family matters. Custom is a long-accepted local or group practice.
Thinking Parliament alone makes all legislation.
Students forget State Legislatures.
Fix: Both Parliament and State Legislatures make laws within their areas.

Worked examples

Example 1

A rule on fees is made by a regulator using powers given by an Act of Parliament. Which source of law is it? (a) Custom (b) Delegated legislation (c) Personal law (d) Judicial precedent

Show the solution

Find the creator: a regulator, not a court or community.
It acts under powers given by an Act.
That is the definition of delegated legislation.
Custom, personal law and precedent do not fit.

Answer: (b) Delegated legislation

Example 2

Which statement about sources of Indian law is correct? (a) A valid custom can override a clear statute (b) The Constitution is subordinate to Acts (c) Law declared by the Supreme Court binds all courts in India (d) Personal laws apply to everyone equally

Show the solution

Test (a): custom must not be against statute, so it is wrong.
Test (b): the Constitution is supreme, so it is wrong.
Test (c): the Supreme Court's declared law binds all courts, so it is right.
Test (d): personal laws apply by religion, so it is wrong.

Answer: (c) Law declared by the Supreme Court binds all courts in India

Exam tips

Learn the five-source list and the hierarchy; most MCQs test these directly.
Watch absolute words like 'always' and 'only'; they usually make an option wrong.
For precedent, check which court is speaking before choosing.
Remember delegated legislation depends on a parent Act.
There is no negative marking, so attempt every question.

Practice questions from Sources of Law

Sources of Indian Law 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 Indian Law: frequently asked questions

How many sources of law are there in India?

There is no single fixed number. The usual core list is the Constitution, legislation, case law, custom and personal laws. Some books add others, so follow the options given.

What is judicial precedent in India?

It is an earlier court decision that guides later cases. Supreme Court law is binding on all courts. High Court decisions bind lower courts in their own area.

Which is the supreme source of Indian law?

The Constitution. Every other law must conform to it, and conflicting laws can be struck down to that extent by the higher courts.

What makes a custom valid in law?

It should be ancient, certain, reasonable, continuous and not against statute or public policy. If it fails these tests, courts do not enforce it as law.