Unit II · Jurisprudence

Custom and precedent

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Constitution of India	141	Law declared by the Supreme Court is binding

Landmark cases

Collector of Madura v. Moottoo Ramalinga

(1868) 12 MIA 397 · Supreme Court of India

A custom, if ancient, certain and reasonable, can be a source of law.

Bengal Immunity Co. v. State of Bihar

AIR 1955 SC 661 · Supreme Court of India

The Supreme Court may overrule its own precedent for compelling reasons.

Previous-year questions

Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.

15 What are the relative merits and demerits of legislation and precedent as sources of law? · 2×
15 What are the essentials of a valid custom? · 2×
15 What are the requisites of a valid custom? · 2×
6 Doctrine of precedent. · 1×
6 Persuasive Precedent. · 1×
6 Kinds of Custom. · 1×
6 Precedent. · 1×
6 Binding nature of precedent. · 1×
6 Custom as a source of law. · 1×
6 Custom and Prescription. · 1×
10 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? · 1×
15 Enumerate and explain the requisites of a valid custom. · 1×
15 Discuss precedent as a source of law. · 1×