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Habit as a legal source

Weekly column to trust students with the Indian constitution and the legal system

Updated to: Sep 13, :37 pm (is)

Imagine the times in which there were no codified laws, the moot question was how to regulate and govern? In early times, "Custom" employed an important place for the administration in all companies and is the oldest legal source.

As a significant legal remedy of the law, Custom is a bona fide and tie, because of its acclaimed value. According to Sir John William Salmond, "Custom is the embodiment of these principles, which have commenced the national conscience as principles of justice and the public utility."

It is often said that "habit is for society, which law is the state," which is that the conviction of the habit of society is parallel to that of the law on the state, and it concerns the entirety of the Behavior pattern supported by the practice and submitted in the cluster. The three Sanskrit words acara (Achara, ???? :), Vyavahara (Vyavahara, ??????? :) and Sadacara (Sadachara, ?????? :) means "religious observations in practice"; "The rules of civil law calling the right behavior"; And "the routine of the righteous men" each. These words therefore reflect that the custom, permanent behavior has been since age age Times.

Requirements valid habit

recognize and act, a habit is considered valid with a binding power if the following requirements are met:

  • it must be consistent and continuous without a break, as times are boys year's year; Nobody can remember or remember the proceedings. Manu observed that a conventional custom is considered supernatural law.
  • It must be reasonable, rational and not against public policy. Sir Edward Cola thought that a gain contradicts the reason if it is the principles of justice, equity and the good conscience.
  • it must be compulsory and binding rule rule than against an optional choice of a person. The unmistakable conviction shows, watching Blackstone, "a custom to which all residents are to be rated on maintenance of the bridge is good".
  • It must be sure to be specific and should not be more ambiguous or vague. Where his existence is doubtful and undecided, it is not recognized as such.
  • It must be fair, ethical and in accordance with public morality, as it is often followed and peacefully enjoyed with the unanimity of the opinion.

Custom and UAGE

Habit and use seems to mean one and the same, but the two differ essentially in a certain way. Use is a repetition of actions, while the general rule of the general rule arises from repetition, since then. The use derives its authority from the consent of the parties to a transaction, while the gains are binding regardless of the consent of the parties regardless of the consent. In simple words, use can exist without habit, but a habit can not exist without use without use.

Custom and recipe

Recipe is limited to the rights of a person and its predecessors, so it is a specific nature. If a behavioral course is practiced for a long time, the rule of law is to be custom, and if it leads to the right it a recipe. Recipe is limited to personal right, while it is sufficient for a particular place of the community, and unlike habit; Recipes must not be followed by the time em times. For a valid habit, it must be in accordance with the principle of natural justice, it is not on recipe. In simple words, custom is a legal source, while perception is a legal source.

Inch is a cultural idea that arises with the existence of society, and defines a normal distance of behavior that is the characteristics of life.The influence of habits can be pursued in each legal system, as directly or indirectly, knowingly or unknowingly, to govern the customs society and form the basis of a large number of laws. In the course of the timing and the advent of contemporary civilization, however, the importance of habit as a legal source is reduced and other sources are becoming important.

Dr. Bharat, Asst Professor,
University Institute for Legal Studies
Panjab University, Chandigarh

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