Sources

primary
sources

codification enacted law

statutory
case law
interpretation

conventional customary
law law

secondary Law

legal personal
commentaries documents

legal
legal treaties
encyclopedias

articles &
journals
Legal sources are the foundations upon which laws are created, interpreted, and applied.
They are broadly categorized into primary sources (which establish law) and secondary
sources (which interpret or explain law). Below is a detailed explanation of these sources.

Primary sources- It is original information collected for the first time. it is also called as
internal source of data as the data is collected directly from the subjects. they are obtained
from living person directly related to the problem or through observation

Secondary sources- This information is obtained from outside either from a published
source power from someone else who has already on the subject they have saved resources
the labor of collecting data again and preventing unnecessary condition
Relationship between primary and secondary sources- The primary data of once collected
will become secondary data for others. the researcher collecting primary data knows the
reality and the limitation of the problem. second hand data provides hypothesis for the
problem these hypotheses can be tested or verified on the basis of first-hand data
secondary data becomes third hand data if they are mentioned by someone else primary
data can be considered as being most reliable.

1 legislation- The Supreme legislation is made by the sovereign power of the nation. In
democratic countries, Parliament is sovereign. It is considered not only supreme but legally
omnipotent.
In modern times this is the most important source of law making. According to
Bentham and Austin the term legislation means any form of law making. However, it is
scope has now been restricted to a particular form of law making the declaration in codified
form of rules of law by a competent authority.
The form of law making whether exercise directly or through some other agency by
delegating power creates the relationship between the rules and those ruled by him or
among the rules inter se. this process of law-making is also termed as enacted law, codified
law or statutory law.
Example:
Indian Penal Code (IPC), 1860 – Defines criminal offenses and punishments.
Companies Act, 2013 – Governs corporate law in India.
Environment Protection Act, 1986 – Regulates environmental laws
2 Judicial Precedents (Case Law) – precedent is defined as a previous instance or case which
is or may be taken as an example of rule for subsequent cases or by which some similar act
or circumstances may be supported or justified.in the judicial field, it means the guidance or
authority of past decision for future cases. Only such decisions which lay down some new
rule or principle are called judicial precedent.
The first general rule of doctrine precedent is that each court is absolutely bound by
the decisions of the courts above it. the second rule is that to a certain extent higher courts
are bound by their own decisions.
According to Salmond- A precedent is a judicial decision which in itself a principle.
Example:
Kesavananda Bharati v. State of Kerala (1973) – Established the Basic Structure Doctrine in
India.

Maneka Gandhi v. Union of India (1978) – Expanded the meaning of right to life and
personal liberty under Article 21.
3 Customary Law – customs are the main source of law. But with the progress of the
society, they gradually diminish and legislation and judicial precedents become the main
sources. In every legal system and at all the stages of legal development there are some
customs accepted by the society. The customs having sanction are those customs accepted
by the society. Legal customs operate on a binding rule of law. They are enforced by the
courts.

Custom is a habitual course of conduct observed uniformly and voluntarily by the people
concerned.
The dictionary of English Law defines custom as a law not written, which being established
by long use and consent of our ancestors has been and daily is put into practice.
Harpurshad V. Sheo Dayal(1876)
A custom is a rule which in a particular family or in a particular district or in a particular sect,
class or tribe, has from long usage obtained the force of Law.
Examples:
Hindu and Muslim personal laws in India

4 Conventional law having its sources in agreement- the conventional law are those
customs which govern the parties to an agreement. parties agree to them. such customs are
binding not due to any legal authority independently possessed by them, but because it has
been the contract between the parties to it. there is a bulk of conventional law in every
country.

5 Statutory Interpretation - the law which comes into being through legislation is called
enacted or statute law. it is for the courts to apply these formulas to specific cases. the
court has to ascertain the meaning of the letters and expressions of the enactment for its
application. this process of ascertaining the meaning of the letters and expressions by the
court is called interpretation. in this process the judge exerts very considerable influence on
the statute law. the interpretation is mainly of two kinds- literal and liberal. the principle of
literal interpretation is that the judge should not go beyond the letters of the law. the
liberal interpretation is that the judges should go beyond the letters of the statute in order
to ascertain the true intention.

6 codifications - Codification is the process of systematically collecting, arranging, and

writing laws into a structured legal code. It transforms legal principles, case law, and
statutes into an organized and coherent set of rules that are easier to understand and apply.

Secondary sources –

1 Personal documents- personal documents include all such written materials as is written
by an individual to narrate his views upon personal relationship or social phenomena. most
of these documents are written from personal point of view. there are many kinds of
personal documents such as -life history, diaries, letters, and memories
The personal documents express the innermost feelings of the heart of the writer
and at times, these documents throw light on such aspects of life as would have been
difficult to know through observation or interview.
2 Legal encyclopedia-A legal encyclopedia is a reference work that summarizes and explains
legal concepts, legislation, and court cases. It can be a general reference or focus on a
specific area of law. Legal encyclopedias are a useful starting point for research.

There are two primary uses for legal encyclopedias-

 First, the articles can be quite useful as a general introduction to an area of law
which is new to you. They provide more in-depth information than a legal dictionary,
while being nearly as accessible and easy to use.

 Second, encyclopedias are a way to find citations to cases and other useful materials
on a particular issue.

3 'Journal articles are published more quickly than books and can provide a depth of
analysis and opinion that will inform your argument, especially when writing essays at law
school, undertaking higher degree research, or preparing detailed policy papers.
“ THE JOURNAL OF INDIN LAW INSTITUTE’, “INDIAN JOURNAL OF INTERNATIONAL
LAW” ARE SOME OF THE JOURNALS WHICH CARRY RESEARCH ARTICLES.

4 Legal treaties -Treaties (sometimes called agreements, conventions, exchanges of notes or

protocols) between States – or sometimes between States and international organizations –
are the other main source of law. A treaty is a formal, legally binding agreement between
sovereign states, establishing rules and obligations on international matters.
Political treaties, commercial treaties, constitutional and administrative treaties,
treaties relating to criminal justice, treaties relating to civil justice and treaties codifying
international law.
Extradition- Extradition is the process of transferring a person accused or
convicted of a crime to another country or state for trial or sentencing

5 Legal commentaries are books or other resources that provide explanations and
interpretations of laws, regulations, and other legal texts. They can help you understand the
law and how it applies to specific situations.
 Choudhari's COMMENTARY ON PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE Act, 2005: A commentary on the Protection of Women from Domestic
Violence Act, 2005
 M N Shrivasan's COMMENTARY ON THE HINDU MARRIAGE AND DIVORCE: A
commentary on Hindu marriage and divorce