CMA Foundation · Fundamentals of Business Laws and Business Communication · Sources of Law
Which of the following is generally treated as a source of law in India in addition to legislation, custom and judicial precedent?
Opinions and commentaries of recognised jurists are treated as a persuasive secondary source of law, which courts may refer to while interpreting legal provisions. They are not binding like statutes. Judges' private diaries, company advertisements and social media posts have no recognised authority as sources.
- AOpinions of recognised jurists and commentaries, used as persuasive authorityCorrect
- BPrivate diaries of judges
- CAdvertisements issued by companies
- DInformal social media posts
Explanation
Writings of eminent jurists and legal commentaries are treated as a secondary or persuasive source, which courts may refer to in interpreting law. They are not binding like statutes. Diaries, advertisements and social posts carry no recognised legal authority.
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