Political Science, asked by ireneusham123, 11 months ago

role of custom in Indian legal system​

Answers

Answered by sonuroy76
0

Answer:

... it is given in scholarly works is great, its importance is "slight and decreasing". ... The legal criteria defining a custom are precise. ... in force, "some of them operating quite independently of the formal state legal system". ... In India many customs are accepted by law.

Answered by hotelcalifornia
0

Role of Custom in Indian legal system​:

  • Custom is considered as the source of law which is essential in all legal systems.
  • Because it is beyond the uncertainty that they arrived before the law.
  • Customs have the rules of conduct which are commonly observed.
  • A Custom is an organised mode of social behavior within the community.
  • According to the theory of Austin’s, customs become law when they are approved by the state.
  • But the state does not accept every law, it accepts only those law which was acceptable by their state people reasonableness.
  • Only those customs are approved by the state which meets a certain level of general reception and utility.
  • The Hindu Code describes tradition and use as any practice which, having been practiced consistently and universally for a long time.
  • Any tradition which has acquired the force of law in any local area, caste, nation, party or family if it is certain and not arbitrary or contrary to public policy.
  • Practice can not be law unless it is approved by the sovereign.
  • According to him, traditions become law only after state recognition.
  • Practice can become' true practice' only if it is recognized by the state before it is simply' good morality' in the eyes of the Indian legal system​.

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