Jurisprudence, Interpretation and General Laws · Sources of Law

Other Sources of Law: Agreements, Juristic Writings and Equity

Updated 11 October 2026 · Fact-checked

Agreements, juristic writings and equity are supplementary sources of law. Conventional law comes from agreements between parties or States. Juristic writings are persuasive opinions of legal scholars that courts may consult. Equity, justice and good conscience lets a court fill a gap by fairness when no rule applies. Answer by defining, explaining the role and concluding on binding force.

Understand Other Sources: Agreements, Juristic Writings and Equity

Legislation, custom and precedent are the main sources of law. Other sources fill the gaps. You must know three: agreements, juristic writings, and equity, justice and good conscience.

Agreements (conventional law). Law can arise from agreement. Jurists call it conventional law. Parties make a contract and it binds them. A valid contract creates rights and duties enforceable by courts, but only between the parties. It is not general law for everyone. Treaties and conventions between States are a wider form. In India a treaty does not become enforceable domestic law by itself. Parliament must usually make a law to give it effect, under Article 253 of the Constitution. Also, a group such as a company can make binding rules by agreement among its members, for example its articles.

Juristic writings. These are books, commentaries and opinions of eminent legal scholars. They have persuasive, not binding, authority. A judge is not bound to follow them. But courts cite respected works when a point is new, unclear or unsettled. Their weight depends on the author's standing and the quality of reasoning. They also helped shape the law, for example by explaining and organising the old Hindu and Muslim texts.

Equity, justice and good conscience. Equity means fairness where strict rules would cause hardship. In English history, the Chancellor gave relief when common law was too rigid. In India, courts may decide by justice, equity and good conscience where no statute, custom or precedent covers the point. It acts as a residual source. It cannot override a clear statute. Many Indian principles, such as injunctions and the trust concept, grew from equity.

To remember the order: agreement binds parties, writings persuade, equity fills gaps.

Key rules to remember

Conventional law: Law from agreement = binding on the parties (or States) to it; A contract is not law for the whole public. Treaties need legislation in India to operate domestically.
Juristic writings: Juristic opinion = persuasive authority, not binding; Weight depends on the author's reputation and the reasoning. A court may accept or reject it.
Equity, justice and good conscience: Applied only when statute, custom and precedent are silent; It is a residual source. It cannot override an express statutory provision.
Treaty implementation: Article 253: Parliament may legislate to implement international agreements; A treaty does not by itself change domestic law without such legislation.

How to solve Other Sources: Agreements, Juristic Writings and Equity questions

Use this method for definition, explanation, distinction or short-note questions on these sources.

1Identify which source the question asks about: agreement, juristic writings, equity, or all three.
2Define it in one or two lines using the standard term, such as conventional law or persuasive authority.
3Explain how it operates as a source, with one example for each, such as a contract, a commentary cited by a court, or a gap filled by fairness.
4State its binding force clearly: binding only on parties, merely persuasive, or residual.
5Add its limits, such as equity yielding to a clear statute.
6Compare it with a primary source like legislation or precedent if the question asks for a distinction.
7End with a short conclusion on its place as a supplementary source.

Quickest way: Three-line recall: Bind, Persuade, Fill

When to use it: Use when you have about five minutes for a short note or a part question.

Write the name and a one-line definition of the source.
Write its force in one word: binds parties, persuades, or fills gaps.
Give one example and one limit, then close with a one-line conclusion.

Common mistakes in Other Sources: Agreements, Juristic Writings and Equity

Saying juristic writings are binding on courts.
Students confuse them with precedent, which can bind.
Fix: Write that they are persuasive only. A court may use them for guidance but may reject them.
Treating every contract as law for everyone.
The word 'law' makes it seem general.
Fix: State that conventional law binds only its parties. Wider effect needs legislation or custom.
Claiming equity can override a statute.
Students read 'fairness' as the highest value.
Fix: Say equity applies only where the law is silent, and a clear statutory provision prevails.
Saying a treaty automatically becomes Indian law.
Students mix international and domestic legal effect.
Fix: Write that Parliament must usually legislate to implement it, with Article 253 as the power.
Giving definitions with no example.
Students rush through short notes.
Fix: Add one practical example for each source to show application and earn full marks.

Worked examples

Example 1

Explain juristic writings as a source of law. Are courts bound by them?

Show the solution

Provision and meaning: Juristic writings are the books, commentaries and opinions of eminent legal scholars.
Analysis: Courts consult them when a point is new, unclear or not settled by statute or precedent. A respected treatise can help a judge reason through such a point.
Weight: Their value depends on the author's reputation and the quality of the reasoning. They are not made by any law-making authority.
Binding force: Since they are not enacted or decided by a court with authority, no court must follow them.

Answer: Juristic writings are a supplementary source of law. They are persuasive only. Courts may rely on them for guidance but are not bound to follow them.

Example 2

A dispute arises on a point not covered by any Indian statute, custom or precedent. On what basis may the court decide it? Can that basis override a clear statutory provision?

Show the solution

Provision: Where no statute, custom or precedent applies, a court may decide on justice, equity and good conscience.
Meaning: Equity means fairness, used to avoid the hardship of a strict rule.
Analysis: Here the point is not covered by the primary sources, so the residual source applies.
Limit: Equity fills gaps and does not displace the law. If a clear statutory provision existed, it would prevail.

Answer: The court may decide by justice, equity and good conscience because the primary sources are silent. It cannot use this basis to override a clear statutory provision.

Exam tips

Short notes on these sources are common. Prepare a four-line answer for each: definition, force, example, limit.
Always use the words binding, persuasive and residual. Examiners look for them.
For distinction questions, compare agreement, juristic writings and equity on origin and binding force.
Link each supplementary source back to the primary sources. This shows you understand the classification.

Practice questions from Sources of Law

Other Sources: Agreements, Juristic Writings and Equity: frequently asked questions

Are juristic writings a source of law in India?

Yes, as a supplementary and persuasive source. Courts may refer to them for guidance but are not bound to follow them. They carry weight according to the author's standing.

What does equity, justice and good conscience mean?

It means deciding a case by fairness when no statute, custom or precedent applies. It is a residual source. It cannot override an express statutory provision.

Is an agreement a source of law?

It is called conventional law. A valid agreement binds the parties who made it. It does not become general law for everyone.

Do treaties become Indian law automatically?

Not usually. Parliament generally has to make a law to give effect to a treaty, and Article 253 gives it the power to do so.