Unit II – Sources of Law
(Sources, Legislation, Precedent, Custom, Codification)
MASTER QUESTION LIST (SMART & EXAM-READY)
1. Explain the sources of law and distinguish between legal and historical sources of
law.
2. Explain legislation as a source of law and discuss delegated (subordinate) legislation,
including its kinds, dangers, and safeguards.
3. Explain the doctrine of precedent and discuss stare decisis and the various kinds of
precedents, with special reference to authoritative and declaratory precedents and the
declaratory theory of precedent.
4. Explain custom as a source of law. What are the kinds of custom and the essentials of
a valid custom? Distinguish custom from prescription.
5. Explain the concept of codification and discuss its advantages and disadvantages.
6. Discuss the relative merits and demerits of legislation, precedent, and custom as
sources of law.
Part-A Short Questions
1. Legal Sources of Law
2. Subordinate Legislation ⭐⭐
3. Codification ⭐⭐⭐
4. Authoritative Precedent
5. Doctrine of Precedent
6. Declaratory Precedent ⭐⭐
7. Declaratory Theory of Precedent *
8. Stare Decisis ⭐⭐
Part-B Essay Questions
1. What are the different kinds of Custom? Distinguish between Custom and Prescription
2. Discuss the Legal and Historical sources of law
3. “Rights and Duties are correlative” – Explain
4. Discuss the relative merits and demerits of legislation and precedent as sources of law ⭐⭐
5. What are the requisites of a valid custom?
6. What are the essentials of a valid custom?
7. Explain the advantages and disadvantages of Codification
8. Explain Codification and discuss advantages and disadvantages of Codification
9. Explain delegated legislation and point out its dangers and various safeguards against the
same.
PART-C : CASE-LAW QUESTIONS (SMART & CORE SET)
1. The High Court of the State of ‘T’ stayed a central entrance examination of a
professional course in the State of ‘T’, and the High Court of ‘K’ also stayed the
examination in the State of ‘K’. A petition was filed before the High Court of ‘G’ to
stay the examination in the State of ‘G’. Is the High Court of ‘G’ bound by the
decisions of the High Courts of ‘T’ and ‘K’? Give reasons.*
2. Suppose a case is decided by the High Court on Ground ‘A’ and then goes on appeal
to the Supreme Court which decides it on Ground ‘B’, nothing being said upon
Ground ‘A’. In such circumstances, what is the precedent value of the decision on
Ground ‘A’ by the High Court? Explain.*
3. An earlier decision of the Supreme Court on a certain matter is not followed by the
High Court in a similarly situated case on the ground that the decision of the Supreme
Court is only obiter dicta. Is obiter dicta binding? Discuss.*
4. Explain the doctrine of precedent with special reference to the hierarchy of courts and
the binding nature of judicial decisions in India.
5. If an established custom is inconsistent with the constitutional provision, which shall
prevail over the other? Why?*
6. A customary practice recognised by law is challenged as being violative of
constitutional provisions. Examine the validity of such a custom with reference to
decided cases.
7. Discuss the relative authority of precedent and custom as sources of law when they
come into conflict with constitutional provisions.