mandeep333
October 22nd, 2012, 09:04 PM
क्या समय नहीं आ गया है कि हम अपने वैयक़्तिक कानूनों (Personal Laws) को पुन: परिभाषित करें? First of all, let's discuss the sources of law. Customs or Customary Laws:
Custom is the oldest of all the sources of law and has held the most important place in the past though it's importance is now diminishing.
Custom is a habitual course of conduct observed uniformly and voluntarily by the people concerned.
It's been added by some modern scholars: No custom shall have the force of law if it in any manner violates the Fundamental Rights.
Requisites of a valid custom: In order to be valid and have a binding force as a law, a custom must have the following requisites: -
Antiquity
Reasonableness
Continuous observance
Conformity with Statute law and public policy
Consistency
Obligatory force.
Peaceable enjoyment
We can continue our discussion by keeping these points in mind.
Custom is the oldest of all the sources of law and has held the most important place in the past though it's importance is now diminishing.
Custom is a habitual course of conduct observed uniformly and voluntarily by the people concerned.
It's been added by some modern scholars: No custom shall have the force of law if it in any manner violates the Fundamental Rights.
Requisites of a valid custom: In order to be valid and have a binding force as a law, a custom must have the following requisites: -
Antiquity
Reasonableness
Continuous observance
Conformity with Statute law and public policy
Consistency
Obligatory force.
Peaceable enjoyment
We can continue our discussion by keeping these points in mind.