Test: Sources of Law - 1 - Humanities/Arts MCQ

The three major sources of law that can be identified in any modern society are custom, judicial precedent and legislation

To be considered valid, a custom must be observed continuously for a very long time without any interruption.

They are non-obligatory in nature. Customs without sanction are followed because of public opinion and are non-binding.

Customs are broadly divided into two classes - customs with sanction (obligatory) and customs without sanction (non-obligatory).

Customs were not uniform or universal throughout the country, and this hindered the integration of various communities of India. 

After independence, the Hindu Succession Act, 1956 was adopted to abrogate old customary practices related to Hindu personal laws. This Act applies to all Hindus, including Buddhists, Sikhs, Jains, and to all other persons who are not Muslims, Christians, Parsis or Jews by religion. The Act provides for a uniform and comprehensive system of inheritance and succession for all property, whether self-acquired or ancestral, and applies to both males and females equally.

The Hindu Marriage Act, 1955, deals with marriage and divorce among Hindus, while the Hindu Adoption Act, 1955, regulates adoptions among Hindus. The Hindu Minority and Guardianship Act, 1956, deals with matters related to the guardianship of a minor and his/her property. While these Acts are important pieces of legislation related to Hindu personal laws, they do not directly address the issue of abrogating old customary practices.

In India, all courts are bound to follow previously decided judgments of the superior courts. This principle is known as the doctrine of judicial precedent or stare decisis, which means "to stand by things decided." According to this principle, the decisions made by higher courts are binding on the lower courts. Therefore, if the Supreme Court of India has given a ruling on a particular issue, all lower courts, including district courts and high courts, must follow that ruling. This ensures consistency and predictability in the application of the law, as well as respect for the hierarchy of courts. Therefore, option (d) is the correct answer.

The hierarchy of courts in India is pyramidal in nature. The Supreme Court of India is at the top of the hierarchy, followed by the High Courts at the state level. Below them are the District Courts and Sessions Courts.

Ratio decidendi is the binding part of a judgment. It refers to the general principle which is deduced by the courts from the facts of a particular case. It becomes generally binding on the lower courts in future cases involving similar questions of law.

According to the Constitution of India, the power to make law is vested in the legislature. The Indian Parliament is the highest legislative body in India, which consists of the President, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Parliament has the power to make laws on any subject included in the Union List, which includes subjects of national importance such as defense, foreign affairs, banking, and communications.

Apart from the Parliament, the Constitution also empowers the state legislatures to make laws on subjects included in the State List, which includes subjects of local importance such as public health, agriculture, and local government.

The Constitution also provides for the delegation of legislative powers to other authorities such as the President, state governors, and local bodies such as municipalities and panchayats. However, such delegation of powers is subject to certain restrictions and can only be done within the framework of the Constitution.

In conclusion, the Constitution of India vests the power to make law in the legislature, which consists of the Parliament and the state legislatures.