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solved assignments MB0051 Q1. It is important for any person to know law as ignorance of law is no excuse. Modern Indian law has been derived from some sources. Discuss the primary and secondary sources of Indian law.

Answer: Primary sources of Indian law

The primary sources of Indian law are: (a) customs, (b) judicial precedents (stare decisis), (c) statutes and (d) personal law.

Customary law
Customs have played an important role in making the law and therefore is also known as customary law. “Customary Law”, in the words of Keeton, may be defined as “those rules of human action, established by usage and regarded as legally binding by those to whom the
rules are applicable, which are adopted by the courts and applied as sources of law because they are generally followed by the political society as a whole or by some part of it”.

Judicial precedents are an important source of law
Judicial precedents are another important source of law. It is based on the principle that a rule of law which has been settled by a series of decisions generally should be binding on the court and should be followed in similar cases. These rules of law are known as judicial precedents.

‘Statute’ – an important source of law
The statutes or the statutory law or the legislation is the main source of law. This law is created by legislation such as Parliament. In India, the Constitution empowers the Parliament and state legislatures to promulgate law for the guidance or conduct of persons to whom the statute is, expressly or by implication, made applicable.

Secondary sources of Indian law
The secondary sources of Indian Law are English Law and Justice, Equity and Good Conscience.

English law

The chief sources of English Law are: (i) the Common Law (ii) Equity, (iii) The law Merchant and (iv) The Statute Law.


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