CAPF AC 2022 Q88: Indian Polity – Constitutional Framework & Development
- (a) 1 only
- (b) 1, 2 and 4 only
- (c) 2 and 3 only
- (d) 1, 2, 3 and 4
Answer: (d) 1, 2, 3 and 4
Explanation
Sources of law in India
How to think: a source of law is anything a court will apply as binding law.
India recognises all four of the items listed.
| Source | What it is | Basis |
|---|---|---|
| Constitution | The supreme law | All other law must conform to it |
| Statutes | Laws made by Parliament and State Legislatures | Legislation |
| Customary law | Long-followed customs of communities | Article 13 counts custom or usage having the force of law as law |
| Case law | Judicial precedents | Article 141: law declared by the Supreme Court binds all courts |
Others: ordinances, rules and regulations (delegated legislation) and personal laws.
Answer: (d) 1, 2, 3 and 4.
Why each option is right or wrong
- (a) Incorrect. The Constitution is supreme, but it is not the only source of law.
- (b) Incorrect. It leaves out customary law, which Indian courts recognise.
- (c) Incorrect. It leaves out the Constitution and case law.
- (d) CORRECT. All four are sources of law in India.
Key point
Sources of law: Constitution, legislation (statutes, ordinances, delegated legislation), custom, judicial precedent, personal laws. Article 13(3): law includes custom or usage having the force of law. Article 141: precedent.
Remember
Law comes from the Constitution, statutes, custom and precedent.
Common mistakes
- Thinking only written laws count, and leaving out custom.
- Doubting that judgments make law; Article 141 makes them binding.
- Choosing the Constitution alone because it is the highest law.
Exam tip
Educated guess: the Constitution and statutes are certain, which removes (c). Courts follow precedents every day, so 4 is in. Tribal and personal customs are also enforced, which gives all four.
Sources
- Constitution of India — Article 13 and Article 141
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 6: Judiciary