NCERT Solutions for Class 11 Legal Studies Sources of Laws

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• Ratio decidendi means the reason for the decision and binds lower courts in later similar cases.
• Obiter dicta means remarks said by the way and usually have persuasive value only.
• Custom is a long-established unwritten practice with binding character, while legislation is written law made by a competent authority.
• Supreme legislation is made directly by the sovereign authority, while subordinate legislation is made under delegated power.
• Supreme Court decisions bind all courts in India. High Court decisions bind subordinate courts only within that High Court's jurisdiction.
• General customs prevail throughout the State territory, while local customs operate in a particular area or community.

1. Classify the topic as custom, precedent or legislation.
2. Apply the exact rule from the chapter instead of giving a general civics answer.
3. Where two institutions are compared, state their authority and effect separately.
4. Close with the exam-ready one-line answer.

Write this as a compact comparison table in the exam. Do not mix the basis: authority for courts, form for custom and legislation, and area of operation for customs.

The key differences are binding reason versus persuasive remark, unwritten custom versus enacted law, sovereign law versus delegated law, all-India Supreme Court authority versus limited High Court authority, and general custom versus local custom.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

Custom as a source of law.

• Custom means long-established practices or unwritten rules that have acquired binding character.
• A valid custom should be ancient, continuous, reasonable, moral, openly exercised as a matter of right and not contrary to legislation.

• Subordinate legislation is made by an authority below the supreme law-making authority under delegated power.
• Examples include autonomous law, judicial rules, local laws, colonial law and laws made by the executive.

• The binding part of a judicial decision is the ratio decidendi.
• General observations not needed for the decision are obiter dicta and are persuasive rather than binding.

1. Start each note with the textbook definition.
2. Add one legal effect: binding custom, delegated authority, or precedent value.
3. Use one example only where it helps, such as local laws or executive rules.
4. End with the three terms linked to sources of law.

A good short note is not a paragraph of examples. Use three mini-headings, then add definition, core feature and legal effect for each heading.

Custom is long accepted binding practice; subordinate legislation is delegated law-making below the sovereign; judicial decisions contain binding ratio decidendi and persuasive obiter dicta.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• Law made directly by the sovereign is supreme legislation.
• Law made by a Municipal Corporation is local law because it operates within local jurisdiction.
• Law made by universities is autonomous law because the body is recognised and empowered to make rules.
• Law made by the executive is delegated legislation or laws made by the executive.
• Laws made by colonial rulers are colonial laws.

1. Group the makers into sovereign and subordinate makers.
2. Place Municipal Corporation under local law and universities under autonomous law.
3. Place executive rules under delegated legislation and colonial rulers under colonial law.
4. End with the five matched labels without adding unrelated court-precedent discussion.

This answer tests labels, not long explanation. Match each law-maker with its legal category: sovereign, local body, autonomous body, executive and colonial authority.

The answers are supreme legislation, local law, autonomous law, delegated legislation and colonial law.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• Austin opposed custom as an original source because it did not come from the sovereign's will.
• Savigny considered custom a main source because it reflected the will and traditions of the people.
• Judicial decisions have ratio decidendi, the binding reason, and obiter dicta, the persuasive observations.
• Judges make law in a limited sense when they interpret statutes and the Constitution, create rights and bind lower courts through precedent.
• In India, customs shaped personal law and were recognised by courts, but many old customs have been changed by modern legislation.
• Examples include Section 7 of the Hindu Marriage Act, 1955 recognising Saptapadi, and personal-law statutes such as the Hindu Adoption and Maintenance Act, 1956.
• Criminal hierarchy from lower to higher is Judicial Magistrate Second Class, Judicial Magistrate First Class, Chief Judicial Magistrate, Assistant Sessions Judge, Sessions or Additional Sessions Court, High Court and Supreme Court.
• Civil hierarchy from lower to higher is Court of Small Causes or Munsiff's Court, Subordinate Judge Class II, Subordinate Judge Class I, District Court or Additional District Judge, High Court and Supreme Court.

1. Treat each subpart as a separate short answer inside one grouped response.
2. Use the textbook words sovereign will, people's will, ratio, obiter and precedent.
3. For custom in India, mention personal law and examples recognised or shaped by legislation.
4. For hierarchy, keep criminal and civil courts separate before the High Court and Supreme Court.

Use the hierarchy from bottom to top because that shows appeal and binding authority clearly. The criminal side starts with magistrates, while the civil side starts with lower civil courts and district courts. Custom examples should name the statute or legal area, not only say personal law.

Austin treats sovereign authority as decisive, while Savigny treats custom as people's will; judicial decisions contain ratio and obiter; judges develop law through interpretation; Indian custom survives in personal-law examples such as Saptapadi under the Hindu Marriage Act, 1955 and adoption law; criminal courts run from magistrates to sessions court, High Court and Supreme Court, while civil courts run from small causes or munsiff courts to subordinate judges, district courts, High Court and Supreme Court.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• Customs without sanction are non-obligatory and followed because of public opinion.
• Customs with sanction are binding and enforced by the State.
• Legal custom has absolute authority and is recognised and enforced by courts.
• General legal customs prevail throughout the territory of the State.
• Local legal customs apply only to a part of the State, region or community.
• Conventional custom binds parties who contract according to a trade usage or established convention, such as trade practice in a landlord-tenant agreement.
• A valid custom must satisfy antiquity, continuity, exercise as a matter of right, reasonableness, morality and consistency with legislation.
• Legislation means making of law and is the most significant modern source because it is directly enacted and recognised by the State.
• Supreme legislation is made directly by the sovereign law-making authority.
• Subordinate legislation is made by a delegated authority below the sovereign.
• Autonomous law is made by recognised bodies such as universities and incorporated companies.
• Judicial rules are made by courts for their procedure and administration.
• Local laws are bye-laws made by local bodies such as Panchayats and Municipal Corporations.
• Colonial law is law made by colonial rulers for colonies.
• Executive or delegated legislation is law made by the executive under power delegated by the legislature.

1. Break the answer into the four textbook subparts.
2. Use legal custom and conventional custom to show how custom gets binding force.
3. Use the validity tests to show why courts do not accept every social practice.
4. Close with the legislation classification from sovereign law-making to delegated executive rules.

For a long answer, use headings: kinds of customs, essentials of valid custom, meaning of legislation and kinds of legislation. Under subordinate legislation, add one short explanation each for autonomous law, judicial rules, local laws, colonial law and executive rules.

Customs include customs without sanction, customs with sanction, legal customs, general customs, local customs and conventional customs; valid customs need antiquity, continuity, matter-of-right practice, reasonableness, morality and consistency with legislation; legislation means State-recognised law-making; its kinds are supreme legislation and subordinate legislation, including autonomous law, judicial rules, local laws, colonial law and executive or delegated legislation.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• It is called an evil because it allows the executive, not the legislature, to make detailed rules.
• This may create concern about wide discretion and weaker legislative debate.
• It is necessary because modern welfare States require a very large amount of law.
• The legislature cannot discuss every technical detail of every law.
• Delegation is useful where rules require expert detail, quick change or emergency action.
• The legislature usually lays down the broad policy and the executive fills operational gaps.

1. Start with the meaning of delegated legislation.
2. Write the risk of executive discretion under the word evil.
3. Write the textbook reasons under the word necessary: paucity of time, technicalities and emergency.
4. End by saying it should work within limits set by the parent law.

Balance the answer. If you write only criticism, the word necessary is missed. If you write only convenience, the word evil is missed.

Delegated legislation is a necessary evil because it carries risks of executive overreach but is needed for time, technicality and emergency in modern government.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• Legislation means the making of law by the sovereign or an authorised body.
• Supreme legislation is made directly by the sovereign authority; subordinate legislation is made by a lower authority under delegated power.
• Supreme legislation is not controlled by another legislative body; subordinate legislation depends on the authority and limits given by the supreme law-maker.
• Delegated legislation is the form called a necessary evil.
• It is criticised because the executive gets rule-making power.
• It is necessary because modern law involves technical detail, shortage of legislative time and urgent situations.

1. Choose legislation because the question asks about present-day relevance.
2. Compare supreme and subordinate legislation on maker and control.
3. Identify delegated legislation as a form of subordinate legislation.
4. Write both reasons for the phrase necessary evil: risk of executive law-making and practical need for time, expertise and emergency.

The phrase today's time points to modern society, so choose legislation rather than custom. Then connect delegated legislation with the textbook reasons: paucity of time, technicalities and emergency, along with the criticism of executive rule-making.

Legislation is the most relevant source today; supreme legislation is direct sovereign law-making, subordinate legislation is law-making by delegated authority, and delegated legislation is called a necessary evil because it risks executive overreach but is needed for lack of legislative time, technical detail and emergencies.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• Judicial precedent refers to earlier decisions of superior courts such as High Courts and the Supreme Court.
• The binding part is the ratio decidendi, not every observation in the judgment.
• The Supreme Court is binding on all courts in India.
• So a district court in Chennai must follow the Supreme Court's 2011 decision after it overturned the High Court decision.
• A High Court decision binds subordinate courts within its own territorial jurisdiction.
• So a Kerala District Court must follow Kerala High Court, while Calcutta High Court may have persuasive value only.
• When Supreme Court benches conflict, the larger bench prevails.
• So the Constitutional Bench decision must be followed over a division bench decision.

1. Classify the topic as custom, precedent or legislation.
2. Apply the exact rule from the chapter instead of giving a general civics answer.
3. Where two institutions are compared, state their authority and effect separately.
4. Close with the exam-ready one-line answer.

Apply hierarchy first, date second. A newer High Court decision from another State does not bind Kerala, and a smaller Supreme Court bench cannot override a larger bench.

Judicial precedent is binding superior-court law; the Chennai court follows the Supreme Court, the Kerala court follows Kerala High Court, and the Constitutional Bench ruling prevails over the division bench ruling.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• The judgment shows judicial precedent as a source of law.
• Since it is a Supreme Court judgment, its binding part applies to all courts in India.
• The rule banning older diesel cars and the reason based on increased pollution form the ratio decidendi.
• Remarks on construction, fires and other pollution sources are obiter dicta because they are observations said by the way.
• The Delhi High Court is bound by the Supreme Court and cannot overturn its judgment.

1. Classify the topic as custom, precedent or legislation.
2. Apply the exact rule from the chapter instead of giving a general civics answer.
3. Where two institutions are compared, state their authority and effect separately.
4. Close with the exam-ready one-line answer.

Separate the legal rule from background remarks. The rule needed to decide the case binds. Comments not needed for the decision can guide later courts but do not overrule the Supreme Court's command.

The judgment creates binding precedent; the binding ban and reason are ratio decidendi, extra pollution remarks are obiter dicta, and Delhi High Court cannot overturn the Supreme Court.

Strategic angle. Treat the question as a source-of-law question. The answer should show where the rule comes from and why courts or society accept it as binding.

• Antiquity means the custom should have existed for a very long time, in India generally from time immemorial.
• Continuity means the custom should have been followed without serious interruption.
• Reasonableness means the custom should agree with justice and public utility.
• Courts may also reject a custom if it is immoral, opposed to public policy or contrary to legislation.
• In modern India, legislation and judicial precedent have greater force than custom.
• Even so, custom still matters in personal laws, family practices and cases where legislation expressly recognises a custom.

1. Begin with the court-recognition rule for custom.
2. Explain each selected test in one sentence with the legal effect.
3. Connect present-day relevance to personal law and customs expressly saved by statutes.
4. End by saying legislation now has greater force, but valid custom has not disappeared.

Do not say every old practice is law. The court tests the practice before enforcing it. A custom loses effect if it clashes with morality, public policy or modern legislation.

A custom becomes valid only when it is ancient, continuous and reasonable, and present-day custom remains relevant mainly where personal law or legislation recognises it.