Sources of Law in India Explained | CS Exam 2025 Guide

Understand the primary and secondary sources of law in India with examples, theories, FAQs, and student-friendly notes. Must-read for CS exam 2025

Law is the backbone of any civilized society. But have you ever wondered where these laws actually come from? What are their sources? For CS (Company Secretary) students and future legal professionals, understanding the sources of law is crucial, not just for exams but for real-world legal applications too.

In this blog, we will explore the major sources of law in India in a simplified and structured way.

What Do We Mean by “Sources of Law”?

Sources of Law refer to the origins or foundations from where legal rules and principles are derived. These sources may be written like statutes or unwritten like customs or judicial precedents.

Types of Sources of Law in India

The sources of law can broadly be divided into two categories:

1. Primary Sources (Formal Sources)

These are the original sources from which laws derive their authority.

a. Constitution of India

  • It is the supreme law of the land.
  • All other laws must conform to it.

It lays down the fundamental rights, duties, and governing structure

b. Statutory Law (Legislation)

  • Laws passed by the Parliament or State Legislatures.
  • Example: Companies Act, 2013

c. Judicial Decisions (Precedents)

  • Decisions made by higher courts (like the Supreme Court or High Courts) are binding on lower courts.
  • Example: Kesavananda Bharati case (basic structure doctrine)

d. Customs

  • Long-established practices accepted by society.
  • Only valid if they are reasonable and not against public policy.

e. Conventions

  • Unwritten rules followed in governance.
  • Example: The President calling the leader of the majority party to form the government.

 2. Secondary Sources (Persuasive Sources)

These are not binding but help in interpreting the law.

a. Legal Writings & Commentaries

  • Books written by legal scholars.
  • Example: Commentaries by D.D. Basu or M.P. Jain

b. Foreign Judgments

  • Judgments from other countries like the UK or US can be referred to in Indian courts (but not binding).

c. International Treaties & Conventions

  • Used when India is a signatory to international agreements (e.g., WTO, UN conventions).

Theories of Sources of Law

Theories explain how laws evolve and gain authority. Here are the most relevant ones for CS students:

Command Theory (John Austin)

  • According to this theory, law is a command given by a sovereign (authority).
  • It must be backed by sanctions or punishment.
  • Example: Government makes a rule → People follow → Non-compliance leads to penalty.

Why important? This theory highlights that laws are made by those in power and are enforced through legal systems.

Historical Theory

  • This theory says that law evolves from customs, traditions, and social practices.
  • People slowly start following a practice → it becomes a custom → and later gets legal recognition.

Why important? It explains the importance of customs as one of the sources of law

Sociological Theory

  • This theory believes that law is made to meet the needs of society.
  • Laws change with social conditions.
  • Focuses on justice, equality, and public welfare.

Why important? This is the most human-focused theory — and helps CS students understand modern legal reforms.

Quick Comparison Table

Source of Law Binding? Example
Constitution Yes Fundamental Rights
Statutory Law Yes Companies Act, 2013
Judicial Precedents Yes Kesavananda Bharati Case
Customs Conditional Religious or family customs
Legal Writings No D.D. Basu’s Constitution Commentary
Foreign Judgments No US case laws referenced in Indian courts

Why Understanding Sources of Law is Important?

  •  Helps in interpreting current legal provisions
  • Aids in Company Law, Constitution, and other CS exam papers
  • Builds a strong legal foundation for practical company secretary work

Conclusion

Understanding the sources of law helps CS students not just in exams but also in their professional journey. A strong grasp of where our laws come from and how they are interpreted is the foundation of becoming a successful Company Secretary.

So, the next time you read a legal provision, ask yourself — Where did this law come from? You’ll now know the answer!

FAQs

What are the 5 main sources of law in India?

Constitution, Legislation, Judicial Precedents, Customs, and Legal Writings.

Why is legislation considered the primary source of law?

Legislation is considered primary because it’s made by competent authorities like Parliament, has binding authority, and can override other sources. It provides clarity, certainty, and uniformity, making it essential for regulating public, corporate, and personal conduct.

Is the Constitution a source of law?

Yes, it is the supreme source of law.

How do customs become a source of law?

Customs become a source of law when they are ancient, continuous, certain, reasonable, and not opposed to public policy. Over time, courts and legislatures recognize them as binding, especially in matters related to personal and community practices.

What is the importance of the Constitution as a source of law?

The Constitution is the supreme law of the land, providing the legal framework for governance, rights, and duties. All laws derive their validity from it, and no law or executive action can violate its provisions or principles.

How does international law influence domestic law?

International treaties, conventions, and agreements shape domestic law, especially in areas like trade, environment, and human rights. Once ratified, these international obligations influence legislation, policies, and judicial decisions, ensuring global standards are met domestically.

What is equity, justice, and good conscience in law?

Equity, justice, and good conscience are principles applied by courts when no specific law exists. They ensure fairness, moral correctness, and balance, helping judges resolve disputes ethically when statutes or precedents are silent on the issue.

What are juristic writings, and how do they help in law?

Juristic writings are opinions, commentaries, and scholarly works by legal experts. Courts often refer to them for interpreting complex legal issues, understanding principles, and filling gaps in the law, although they are not binding like legislation.

Can personal laws override statutory laws?

Personal laws govern specific matters like marriage, inheritance, and adoption within religious communities. However, they cannot override statutory laws or constitutional provisions, especially if they violate fundamental rights or are against public policy and justice.

Why should CS or law students study sources of law?

CS and law students must understand sources of law to grasp how legal systems operate, how rules evolve, and how to apply them in practice. It builds a strong foundation for interpreting statutes, ensuring compliance, and advising stakeholders.