Understanding the Main Sources of Law in Simple Words
In our last post on the different types of law, we looked at criminal law, civil law, constitutional law, and more. You can read it here: Different Types of Law Explained Simply.
Now we will understand where laws actually come from. These starting points are called the sources of law. They decide what rules exist, how they are made, and how they can change over time.
What Do We Mean by “Sources of Law”?
A source of law is basically the origin or starting point from where laws come. Just like water flows from a river’s source, legal rules flow from certain recognised authorities or traditions. In India, there is not just one source of law. Our legal system is a mix of written rules, court decisions, customs, and even international agreements. Knowing the sources of law helps us see why laws have authority and why people are expected to follow them.
The Constitution
The Constitution of India is the supreme source of law. It is like the master rulebook for the country. It sets out the structure of the government, lists the powers of different authorities, and guarantees fundamental rights to citizens. Every law in India must follow the Constitution. If any law goes against it, courts can declare that law invalid. This power is called judicial review. For example, in 2017, the Supreme Court struck down a part of a law that restricted privacy rights, saying it violated the Constitution. This shows how the Constitution sits at the top of the legal ladder.
Legislation (Statutory Law)
Legislation means laws made by elected bodies like Parliament or State Legislatures. These laws are written down and officially passed, so they are easy to find and follow. Legislation is important because it can quickly address new issues. For instance, when cybercrime became common, Parliament passed the Information Technology Act to handle offences like hacking, identity theft, and online fraud. In India, law-making power is divided between the central government and state governments, based on the Union List, State List, and Concurrent List in the Constitution.
Judicial Decisions (Case Law)
Courts not only apply laws but also interpret them. Sometimes, when a law is unclear, the court’s interpretation becomes a standard for future cases. This is called precedent. For example, if the Supreme Court explains the meaning of a constitutional right, that interpretation will guide all lower courts in similar cases. This system makes laws more predictable and consistent. A famous example is the Kesavananda Bharati case (1973), where the Supreme Court ruled that the “basic structure” of the Constitution cannot be changed by Parliament. This principle is still followed today.
Customs and Traditions
Before modern law-making started, many rules came from customs — practices that communities followed for generations. Even today, some customs are recognised as valid law if they meet certain conditions like being reasonable, certain, and accepted for a long time. For example, certain community-specific marriage ceremonies are legally valid because they are established customs. However, harmful customs like child marriage have been made illegal.
Religious Laws
In personal matters like marriage, divorce, adoption, and inheritance, religious laws play an important role. India has a system of personal laws for different religious communities. For example, Hindus follow the Hindu Marriage Act and Hindu Succession Act. Muslims follow Shariat law for certain matters. Christians have their own marriage and divorce laws. These laws are partly based on religious texts and partly on statutory law passed by Parliament.
Delegated Legislation
Sometimes Parliament or State Legislatures give power to a government authority to make detailed rules under a law. This is called delegated legislation. For example, the Motor Vehicles Act gives the Transport Ministry power to decide speed limits, vehicle safety standards, and driving licence rules. This saves time and allows experts to handle technical details without going through the whole law-making process again.
International Treaties and Conventions
International law can also influence Indian law. When India signs a treaty or agreement with other countries, it may need to make or change laws to follow the agreement. For example, after joining the World Trade Organization (WTO), India updated its intellectual property laws to meet global standards. Similarly, environmental agreements like the Paris Climate Accord have shaped India’s policies on pollution control and renewable energy.
Why These Sources Matter
Understanding the sources of law is important for several reasons. First, it gives clarity about authority. We know which rules have the highest authority, like the Constitution. Second, it explains the law-making process. We understand how new laws are made and old ones are changed. Third, it helps in legal research because lawyers and students can easily find the relevant law if they know its source. Fourth, it improves public awareness so that citizens can better understand their rights and duties. If we know the source, we also know its limits. For example, a custom may be valid unless it conflicts with a written law.
The Connection Between Sources
These sources do not work in isolation. They are connected. The Constitution allows Parliament to make laws. Parliament’s laws are interpreted by the judiciary. Judicial decisions sometimes refer to customs. International treaties may inspire new legislation. This network of sources keeps the legal system flexible yet stable.
Everyday Examples
Let’s look at a few everyday examples that show how different sources of law interact. Driving rules are made under legislation like the Motor Vehicles Act, with detailed delegated rules by the Transport Ministry. Marriage registration is governed by personal religious laws and supported by state legislation for registration. Pollution control is influenced by international agreements and enforced through national legislation like the Environment Protection Act. Property disputes are resolved by courts applying statutes and sometimes recognising valid customs.
