Law: Meaning, Sources and Kinds of Law, ISC Class 11
Updated 15 October 2026 · Fact-checked
Law is a body of general rules of external human conduct, made or recognised by the state and enforced by it. Its sources are custom, usage, religion, judicial decisions, scientific commentaries, equity and legislation. Its kinds include municipal (national) law, constitutional law, international law, statute law and ordinances, each with its own maker and reach.
What Law is about
Law is the means through which the sovereign state expresses its will. The syllabus asks for:
1. Meaning of law: definitions (Austin, Holland, Woodrow Wilson) and features: rules of external conduct, made or recognised by the state, backed by sanctions, uniform and definite.
2. Sources of law: customs, usages, religion, judicial decisions, scientific commentaries, equity and legislation. Learn each with an Indian or British example.
3. Kinds of law (meaning and examples): municipal (national) law, constitutional law, international law, statute law and ordinances.
Indian examples help: personal laws based on religion, Article 141 (Supreme Court decisions binding), Articles 123 and 213 (ordinances), and Acts of Parliament such as the Right to Information Act, 2005.
Weightage: CISCE gives no Class XI unit weightage for ISC Political Science. Law is topic 5 of the Class XI syllabus (Political Theory) and can be asked anywhere in the 80-mark Paper I (Theory, 3 hours). Class XI is examined by the school, so your school sets the paper and decides how many marks each topic carries.Source: CISCE ISC Political Science (852) syllabus, examination year 2028, Class XI
Key concepts
- Meaning and features of law
The English word 'law' is traced to an old Teutonic word 'lag', meaning something fixed or laid down.
Definitions
- John Austin: law is a command of the sovereign.
- T. E. Holland: law is a general rule of external human action enforced by a sovereign political authority.
- Woodrow Wilson: law is that part of established thought and habit which has gained formal recognition as uniform rules backed by the authority and power of government.
Features
1. Rules of external conduct: law regulates outward actions, not thoughts or motives (unlike morality).
2. Made or recognised by the state: the state makes law through legislatures or recognises rules from other sources (custom, religion).
3. Sanction: law is enforced by the state through courts, fines and punishment.
4. Universal and uniform: it applies equally to all persons in similar situations within the territory.
5. Definite and certain: it is clear and known, usually written.
6. Changes with society: law develops as needs and values change.Law and morality: morality governs both inner and outer conduct and is enforced by conscience and society, while law governs external conduct and is enforced by the state. They overlap (murder is both immoral and illegal) but not completely.
Worked example
[4] Define law and explain three of its features. (Understanding)
Try it first, then show the solutionSolution
- Definition: Holland, general rule of external human action enforced by sovereign political authority - 1 mark.
- Regulates external conduct only - 1 mark.
- Made or recognised and enforced by the state with sanctions - 1 mark.
- Universal, uniform and definite - 1 mark.
Answer: Holland defined law as a general rule of external human action enforced by a sovereign political authority. Law governs outward actions, not thoughts; it is made or recognised by the state and enforced through courts and penalties; and it applies uniformly to all in similar situations and is definite and known.
- Sources of law: customs, usages and religion
1. Customs
- Customs are practices that have been followed for a long time and are accepted by the community as binding. They were the earliest source of law, before legislatures existed.
- The state later recognised many customs as law. Example: the English common law grew largely from customs recognised by courts; in India many rules of marriage and inheritance in particular communities rest on custom.
2. Usages
- A usage is a practice that people follow regularly, but which has not acquired the binding force of custom. A usage becomes a custom when it is followed for a long time and accepted as obligatory.
- Usages are important in trade and commerce: for example, mercantile usages about bills and payment were gradually recognised in law.
3. Religion
- In early societies law and religion were closely linked; rules of conduct were believed to come from God or scriptures.
- Examples: Hindu law drew on the Dharmashastras (such as the Manusmriti); Islamic law (Sharia) on the Quran and Hadith; canon law of the Church in medieval Europe.
- In India today many personal laws (marriage, divorce, inheritance) are based on religion, now partly codified (for example, the Hindu Marriage Act, 1955).
Worked example
[4] Explain custom and religion as sources of law with examples. (Understanding)
Try it first, then show the solutionSolution
- Custom: long-established practice accepted as binding - 1 mark.
- Example: English common law; customary rules in Indian communities - 1 mark.
- Religion: rules of conduct derived from scriptures and religious teaching - 1 mark.
- Example: Dharmashastras, Sharia; Indian personal laws - 1 mark.
Answer: Customs are practices followed for a long time and accepted as binding, the earliest source of law; the English common law grew largely from customs recognised by courts. Religion supplied rules believed to come from God or scripture, such as the Dharmashastras and the Sharia, and in India many personal laws on marriage and inheritance are still based on religion.
- Sources of law: judicial decisions, scientific commentaries and equity
4. Judicial decisions
- Judges interpret laws and fill gaps when deciding cases. Their decisions become precedents that later courts follow.
- This 'judge-made law' is especially important in common-law countries such as Britain and India.
- Under Article 141 of the Constitution of India, the law declared by the Supreme Court is binding on all courts in India. Example: the Kesavananda Bharati case (1973) laid down the basic structure doctrine.
5. Scientific commentaries
- Writings of learned jurists explain and systematise the law; courts often rely on them where the law is unclear.
- Examples: Blackstone's Commentaries on the Laws of England; in India, the Mitakshara and Dayabhaga, classical commentaries that shaped Hindu law of inheritance.
6. Equity
- Equity means fairness or natural justice. Where the strict law is silent, unclear or would produce an unjust result, judges decide according to fairness.
- In England the Court of Chancery developed rules of equity alongside the common law.
- Indian courts have long been directed to decide, where no law applies, according to 'justice, equity and good conscience'.
Worked example
[4] Explain judicial decisions and equity as sources of law. (Understanding)
Try it first, then show the solutionSolution
- Judicial decisions: interpretation and precedent - 1 mark.
- Article 141: Supreme Court's law binding on all courts - 1 mark.
- Equity: fairness where law is silent or unjust - 1 mark.
- Example: Court of Chancery; 'justice, equity and good conscience' - 1 mark.
Answer: Judges interpret laws and fill gaps, and their decisions become precedents for later cases; under Article 141 the law declared by the Supreme Court binds all courts in India. Equity means fairness: where the law is silent or would be unjust, judges decide on principles of natural justice, as the English Court of Chancery did and as Indian courts do under 'justice, equity and good conscience'.
- Legislation: the most important modern source
7. Legislation
- Legislation is law made deliberately by a legislature (Parliament, state legislatures). It is the most important source of law in modern states.
- It is definite, written, democratic (made by elected representatives) and can be changed quickly to meet new needs.
- It can also change or override customs and religious rules; for example, laws against untouchability and child marriage.
- Delegated legislation: legislatures often allow the executive to make detailed rules and regulations under an Act.
- Examples in India: the Right to Information Act (2005), the Consumer Protection Act (2019), the Hindu Succession Act (1956).
Why legislation has become dominant
1. Modern society changes quickly and needs new laws.
2. Democracy makes elected legislatures the proper law-makers.
3. Written laws give certainty and uniformity.
4. Welfare states need laws on education, health, labour and the economy.Worked example
[4] Why is legislation regarded as the most important source of law today? (Analysis)
Try it first, then show the solutionSolution
- Made by elected representatives: democratic - 1 mark.
- Definite and written: certainty and uniformity - 1 mark.
- Can be changed quickly to meet new needs - 1 mark.
- Can override outdated customs; welfare state needs many laws - 1 mark.
Answer: Legislation is made by elected representatives, so it is democratic; it is written and definite, giving certainty and uniformity; it can be changed quickly as society changes; and it can override outdated customs, as laws against untouchability and child marriage did, while modern welfare states need a steady flow of new laws.
- Kinds of law: municipal (national), constitutional and international
1. Municipal (national) law
- The law of a particular state, operating within its territory and enforced by its courts; the terms municipal and national are used for this domestic law. ('Municipal' here does not mean the bye-laws of a town municipality.)
- It includes public law (between state and individuals: constitutional, administrative and criminal law, such as the Indian Penal Code, now replaced by the Bharatiya Nyaya Sanhita, 2023) and private law (between individuals: contract, property, family law, such as the Indian Contract Act, 1872).
2. Constitutional law
- The fundamental law of a state that sets up the organs of government, defines and limits their powers, and lays down the rights of citizens.
- It is supreme: ordinary laws that conflict with it are void (in India, Article 13 makes laws inconsistent with fundamental rights void).
- It may be written (Constitution of India) or largely unwritten (Britain).
3. International law
- The rules that govern relations among sovereign states, such as rules on treaties, the sea, diplomacy and war.
- Sources: treaties and conventions, customs among states, and decisions of international courts.
- Examples: the UN Charter (1945), the Geneva Conventions (1949), the UN Convention on the Law of the Sea (1982).
- There is no world sovereign to enforce it, so Austin called it 'positive morality' rather than law; but states generally follow it and the International Court of Justice settles disputes that states submit to it.
Worked example
[4] Distinguish between municipal (national) law and international law. (Analysis)
Try it first, then show the solutionSolution
- Municipal law: law of one state within its territory - 1 mark.
- International law: rules governing relations among states - 1 mark.
- Municipal law made by the state's legislature and enforced by its courts; international law from treaties and customs - 1 mark.
- Municipal law has a sovereign to enforce it; international law has no world sovereign (Austin: positive morality) - 1 mark.
Answer: Municipal or national law is the law of a single state, applying within its territory, made by its legislature and enforced by its courts and police. International law governs relations among states, arising from treaties, customs and international decisions such as the UN Charter. Municipal law is backed by a sovereign, whereas international law has no world sovereign to enforce it, which is why Austin called it positive morality.
- Kinds of law: statute law and ordinances
Statute law
- Law passed by a legislature in the form of an Act (a statute). It is written, precise and has a definite date of commencement.
- Examples: the Right to Information Act, 2005; the Right of Children to Free and Compulsory Education Act, 2009.
- Statute law can repeal or modify customary and judge-made law, but in India it must conform to the Constitution.
Ordinances
- Temporary laws made by the executive when the legislature is not in session and immediate action is needed.
- In India the President may issue ordinances under Article 123 (for Union subjects) and a Governor under Article 213 (for state subjects).
- An ordinance has the same force as an Act of the legislature.
- It must be laid before the legislature when it reassembles and ceases to operate six weeks after reassembly unless approved (or earlier if disapproved).
- Ordinances are subject to judicial review; issuing them repeatedly to avoid the legislature has been criticised by the Supreme Court.
Worked example
[4] What is an ordinance? Explain its features with reference to the Indian Constitution. (Understanding)
Try it first, then show the solutionSolution
- Temporary law made by the executive when the legislature is not in session - 1 mark.
- President under Article 123; Governor under Article 213 - 1 mark.
- Same force as an Act - 1 mark.
- Ceases six weeks after the legislature reassembles unless approved; subject to judicial review - 1 mark.
Answer: An ordinance is a temporary law made by the executive when the legislature is not in session and urgent action is needed. In India the President issues ordinances under Article 123 and a Governor under Article 213; they have the same force as an Act, but must be laid before the legislature and lapse six weeks after it reassembles unless approved, and they are subject to judicial review.
Law in real life
Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.
Custom becoming law
Suppose that for decades villagers have let cattle drink at a certain pond, and when a new owner fences it, the court rules that the long-standing practice gives villagers a right of access.
Which source of law is at work?
Try it first, then show the solutionSolution
- A long-established practice accepted as binding is a custom.
- The court recognised the custom.
- Recognition by the state turned it into enforceable law.
Answer: Custom: a long-followed practice accepted by the community becomes law when recognised and enforced by the courts.
Memory hook: Old practice plus state recognition equals law.
Ordinance in an emergency
Imagine Parliament is not in session when a sudden crisis requires a new rule at once, and the government cannot wait two months for the next session.
How can a law be made immediately in India, and what limit applies?
Try it first, then show the solutionSolution
- The President can issue an ordinance under Article 123.
- It has the force of an Act.
- It lapses six weeks after Parliament reassembles unless approved.
Answer: Through an ordinance issued by the President under Article 123; it has the force of law but must be approved by Parliament within six weeks of its reassembly or it lapses.
Memory hook: Fast law, short life.
Fairness filling a gap
Suppose a dispute arises over a new kind of online transaction that no law yet covers, and a judge decides it on the basis of what is fair to both sides.
Which source of law is the judge using?
Try it first, then show the solutionSolution
- The law is silent on the matter.
- The judge applies fairness and natural justice.
- This is equity.
Answer: Equity: where the law is silent or unclear, judges decide according to fairness, 'justice, equity and good conscience'.
Memory hook: Where law is silent, fairness speaks.
Topics in this chapter
Law: key facts
- Definitions
- Austin: command of the sovereign; Holland: general rule of external human action enforced by sovereign political authority
- Wilson: established thought and habit given formal recognition.
- Seven sources
- Custom, usage, religion, judicial decisions, scientific commentaries, equity, legislation
- Legislation most important today.
- Precedent in India
- Article 141
- Supreme Court's law binding on all courts.
- Supremacy of the Constitution
- Article 13
- Laws inconsistent with fundamental rights void.
- Ordinances
- Article 123 (President); Article 213 (Governor)
- Lapse six weeks after reassembly unless approved.
- Kinds
- Municipal (national), constitutional, international, statute law, ordinances
- Each with an example.
How the school exam asks Law
The question patterns to expect, and the method that works for each.
| Question type | How it is asked | Method |
|---|---|---|
| Definitions and features | Define law; distinguish law and morality. | One accurate definition plus three features; external versus internal conduct for morality. |
| Four-mark sources | Explain any two sources; why legislation is the most important. | Meaning plus an example for each source. |
| Eight-mark kinds | Explain the kinds of law with examples; distinguish statute law and ordinances. | Meaning, maker and example for each kind; use Indian Articles. |
Tricks to remember Law
Short memory aids. Say each one aloud once, then use it on a question the same day.
Sources: 'CURJ-SEL'
Custom, Usage, Religion, Judicial decisions, Scientific commentaries, Equity, Legislation.
Use it when: All seven sources in order of growth.
Ordinance numbers: '123 and 213'
President 123; Governor 213 (digits rearranged).
Use it when: Articles on ordinances.
Kinds: 'Home, Top, World, Act, Quick'
Home = municipal; Top = constitutional; World = international; Act = statute; Quick = ordinance.
Use it when: Five kinds.
Law: exam-level solved questions
Ordered from exam level to HOTS. Cover the solution, write your own, then compare step by step.
Example 1: Binding precedent · 1 mark · MCQExam level
Which Article of the Constitution of India makes the law declared by the Supreme Court binding on all courts?
(a) Article 13
(b) Article 123
(c) Article 141
(d) Article 213
Try it first, then show the solutionSolution
- 13: laws inconsistent with rights void; 123 and 213: ordinances.
- 141: binding effect of Supreme Court decisions.
Answer: (c) Article 141.
Example 2: Assertion-reason: international law · 1 mark · Assertion-reasonHarder exam level
Assertion (A): Austin did not regard international law as law in the strict sense.
Reason (R): There is no sovereign authority above states to command and enforce international law.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Try it first, then show the solutionSolution
- Austin called it positive morality.
- His reason was the absence of a sovereign, so R explains A.
Answer: (a) Both A and R are true and R is the correct explanation of A.
Example 3: Law and morality · 4 marks · Short answerHarder exam level
[4] Distinguish between law and morality. (Analysis)
Try it first, then show the solutionSolution
- Law governs external conduct; morality both inner and outer conduct.
- Law is enforced by the state; morality by conscience and society.
- Law is definite and uniform; moral ideas vary among people.
- Example: lying is generally immoral but not always illegal; perjury is illegal.
Answer: Law regulates external actions, while morality covers thoughts and motives as well. Law is enforced by the state through courts and penalties, morality by conscience and social approval. Law is definite and uniform within a state, while moral ideas vary. Thus telling a lie is usually immoral but not illegal, though lying under oath (perjury) is a crime.
Example 4: Is international law real law? · 4 marks · Short answerHOTS / competency
[4] 'International law is not true law.' Evaluate. (Evaluate)
Try it first, then show the solutionSolution
- Against its being law: no world sovereign or legislature; weak enforcement (Austin).
- For: states accept it as binding and mostly obey it.
- Courts and bodies exist: International Court of Justice, UN Security Council sanctions.
- Verdict: law of a different kind, based on consent and reciprocity rather than command.
Answer: Austin's followers argue that without a world sovereign or legislature and with weak enforcement, international law is only morality. Yet states accept it as binding and generally obey it, treaties are honoured, and bodies such as the International Court of Justice and the UN Security Council can settle disputes and impose sanctions. It is best seen as law of a different kind, resting on consent and reciprocity rather than command.
Example 5: Sources of law · 8 marks · Long answerHarder exam level
[8] Explain the sources of law with suitable examples. (Understanding)
Try it first, then show the solutionSolution
- Custom: long practice accepted as binding; common law (1).
- Usage: regular practice not yet binding; mercantile usage (1).
- Religion: Dharmashastras, Sharia; personal laws (1).
- Judicial decisions: precedent; Article 141 (1).
- Scientific commentaries: Blackstone; Mitakshara and Dayabhaga (1).
- Equity: fairness; Court of Chancery (1).
- Legislation: Acts of Parliament; RTI Act 2005 (1).
- Legislation the most important today: democratic, definite, flexible (1).
Answer: Customs, long-followed practices accepted as binding, were the earliest source, as in the English common law. Usages are regular practices that have not yet become binding, such as trade practices later recognised in law. Religion supplied rules such as the Dharmashastras and Sharia, still the basis of personal laws in India. Judicial decisions create precedents, and under Article 141 the Supreme Court's law binds all courts. Scientific commentaries by jurists, such as Blackstone's Commentaries and the Mitakshara and Dayabhaga, explain and shape law. Equity lets judges decide by fairness where law is silent, as the Court of Chancery did. Legislation, such as the Right to Information Act (2005), is law made by legislatures, and it is the most important source today because it is democratic, definite and easily changed.
Example 6: Statute versus ordinance · 4 marks · Short answerHarder exam level
[4] Distinguish between statute law and an ordinance. (Analysis)
Try it first, then show the solutionSolution
- Maker: legislature versus executive.
- Timing: any session versus only when legislature not in session.
- Duration: permanent until repealed versus temporary.
- Examples: RTI Act 2005 versus an ordinance under Article 123 or 213.
Answer: A statute is made by the legislature after debate and lasts until it is repealed, like the Right to Information Act, 2005. An ordinance is made by the executive (the President under Article 123 or a Governor under Article 213) only when the legislature is not in session; it has the same force but is temporary, lapsing six weeks after the legislature reassembles unless approved.
Case-study practice (Section D style)
Read the situation, then answer every part. In a school exam set on the board pattern this is a 8-mark question split into 1 + 2 + 2 + 3 marks.
A legal puzzle (source-based)
Read the imaginary case and answer.
A dispute about the inheritance of family land reaches the High Court. The family's community has always divided land equally among sons and daughters, though an old Act says otherwise. The judge cites a Supreme Court judgment of 2005, a classical commentary on Hindu law, and finally says that, where the law is unclear, she must decide according to justice and good conscience.
(i) · 1 mark
Which source of law is reflected in 'the community has always divided land equally'?
Answer
Answer: Custom.
1 mark.
(ii) · 2 marks
Why must the High Court follow the Supreme Court judgment? Cite the Article.
Answer
Answer: Because under Article 141 the law declared by the Supreme Court is binding on all courts in India.
1 for binding precedent; 1 for Article 141.
(iii) · 2 marks
Name the sources of law represented by the classical commentary and by 'justice and good conscience'.
Answer
Answer: Scientific commentaries; equity.
1 mark each.
(iv) · 3 marks
If the custom conflicts with the old Act, which should prevail, and why? Give three points.
Answer
Answer: (1) Ordinarily the Act (legislation) prevails, because legislation is made by the sovereign legislature and can override custom. (2) Custom has force only to the extent the state recognises it. (3) However, both must conform to the Constitution, which is supreme (Article 13), so if the Act violated equality, the court could strike it down.
1 mark each.
Where the marks are
How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.
[4] Legislation as a source of law. (4 marks)
| Step | Marks |
|---|---|
| Meaning: law made by legislature. | 1 |
| Example: an Act of Parliament. | 1 |
| Democratic and definite. | 1 |
| Flexible; overrides outdated custom. | 1 |
[8] Kinds of law with examples. (8 marks)
| Step | Marks |
|---|---|
| Municipal (national) law: meaning. | 1 |
| Example: public and private law. | 1 |
| Constitutional law: meaning and supremacy. | 1 |
| International law: meaning. | 1 |
| International law: example and enforcement. | 1 |
| Statute law: meaning and example. | 1 |
| Ordinance: meaning; Articles 123, 213. | 1 |
| Ordinance: duration and limits. | 1 |
Where students lose marks in Law
The slips examiners see most often, and what to write instead.
Mistake: Treating 'municipal law' as laws of a town council
The everyday word 'municipal' misleads.
Do this: Municipal (national) law is the domestic law of a state; town rules are bye-laws.
Usually costs: 1-2 marks.
Mistake: Sources listed without examples
Examples show understanding.
Do this: One Indian or British example per source.
Usually costs: 1 mark per source.
Mistake: Wrong Article numbers for ordinances
123 and 213 are easily swapped.
Do this: President 123, Governor 213.
Usually costs: 1 mark.
Mistake: Confusing custom and usage
Both are practices.
Do this: Usage is regular; custom is regular and binding.
Usually costs: 1 mark.
Mistake: Saying ordinances are permanent
They are temporary.
Do this: Lapse six weeks after the legislature reassembles unless approved.
Usually costs: 1 mark.
Practice questions on Law
Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.
Q1 · 1 mark · Very short answerExam level
Give Austin's definition of law.
Hint
Command.
Answer
Law is a command of the sovereign.
Q2 · 1 mark · Very short answerExam level
What is equity as a source of law?
Hint
Fairness.
Answer
Deciding cases by fairness and natural justice where the law is silent or would be unjust.
Q3 · 1 mark · MCQExam level
An ordinance in a state of India is issued by:
(a) The Chief Minister
(b) The Governor
(c) The High Court
(d) The SpeakerHint
Article 213.
Answer
(b) The Governor.
Q4 · 1 mark · Very short answerHarder exam level
Name two classical commentaries that shaped Hindu law of inheritance.
Hint
Two schools.
Answer
Mitakshara and Dayabhaga.
Q5 · 4 marks · Short answerHarder exam level
[4] Distinguish between custom and usage.
Hint
Binding force, time, recognition.
Answer
(1) A usage is a practice regularly followed, while a custom is a practice accepted as binding. (2) A usage becomes a custom when followed for a long time and accepted as obligatory. (3) Customs are more readily recognised by courts as law. (4) Example: a trade practice of a market is a usage; a community's settled rule of inheritance is a custom.
Q6 · 4 marks · Short answerHarder exam level
[4] Explain the meaning and supremacy of constitutional law with reference to India.
Hint
Organs, rights, Article 13.
Answer
(1) Constitutional law is the fundamental law that creates the organs of government and defines their powers. (2) It lays down citizens' rights and the relationship between state and citizen. (3) In India the Constitution is supreme; Article 13 makes laws inconsistent with fundamental rights void. (4) Courts can strike down laws that violate it through judicial review.
Q7 · 4 marks · Short answerHarder exam level
[4] Why do judicial decisions become a source of law?
Hint
Interpretation, gaps, precedent.
Answer
(1) Laws are general and must be interpreted in particular cases. (2) Judges fill gaps where laws are silent. (3) Their decisions are followed as precedents, creating consistency. (4) In India Article 141 makes Supreme Court decisions binding, e.g., the basic structure doctrine (1973).
Q8 · 4 marks · Short answerHOTS / competency
[4] 'Frequent use of ordinances weakens parliamentary democracy.' Discuss.
Hint
Debate, accountability, safeguards.
Answer
(1) Ordinances are made by the executive without parliamentary debate. (2) Repeated re-issue can bypass the legislature for long periods. (3) The Constitution limits them (six weeks after reassembly) and courts can review them; the Supreme Court has condemned repeated re-promulgation. (4) Used rarely for genuine emergencies they are useful; used routinely they undermine accountability.
Q9 · 4 marks · Short answerHOTS / competency
[4] Is religion still a source of law in a secular state like India? Discuss.
Hint
Personal laws; codification; Constitution.
Answer
(1) Yes, personal laws on marriage, divorce and inheritance draw on religion. (2) Many have been codified by Parliament (Hindu Marriage Act, 1955). (3) The state does not adopt any religion but allows communities their personal laws. (4) All personal laws are subject to the Constitution and can be reformed by legislation and courts.
Q10 · 8 marks · Long answerHarder exam level
[8] (a) Explain the meaning and features of law. [4]
(b) Explain international law and ordinances as kinds of law. [4]Hint
(a) definition plus three features; (b) two marks each.
Answer
(a) (1) Holland: general rule of external human action enforced by sovereign political authority. (2) Governs external conduct. (3) Made or recognised and enforced by the state. (4) Uniform, definite and changing with society. (b) (1) International law: rules governing relations among states from treaties and customs (UN Charter, Geneva Conventions). (2) Weak enforcement; Austin called it positive morality; ICJ. (3) Ordinance: temporary executive law when the legislature is not in session (Articles 123, 213). (4) Same force as an Act; lapses six weeks after reassembly unless approved.
Test your recall
Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.
1.From which word is 'law' traced?Show answer
The Teutonic 'lag', meaning something fixed.
2.Who wrote the Commentaries on the Laws of England?Show answer
William Blackstone.
3.Which court developed equity in England?Show answer
The Court of Chancery.
4.Give an example of international law.Show answer
The Geneva Conventions (1949) or the UN Charter (1945).
5.What is delegated legislation?Show answer
Rules and regulations made by the executive under powers given by an Act.
6.What did Austin call international law?Show answer
Positive morality.
Best order to study it
- Meaning, definitions, features; law and morality.
- Seven sources with examples.
- Why legislation dominates.
- Kinds: municipal, constitutional, international.
- Statute law and ordinances with Articles.
Quick revision checklist
The night before the exam: can you do each of these without looking?
- Law: general rule of external conduct, made or recognised and enforced by the state (Holland).
- Sources: custom, usage, religion, judicial decisions (Article 141), commentaries, equity, legislation.
- Legislation: democratic, definite, flexible; most important today.
- Municipal (national) law: domestic; public and private.
- Constitutional law: fundamental and supreme (Article 13); international law: treaties and customs, weak enforcement.
- Statute: Act of legislature; ordinance: executive, Articles 123 and 213, lapses six weeks after reassembly.
Law: frequently asked questions
Why are customs less important today?
Because legislatures now make most laws, and many customs have been codified or replaced by Acts. Custom still matters where the law recognises it.
Is a Supreme Court judgment a law?
It is not an Act, but under Article 141 the law it declares binds all courts in India, so in practice it has the force of law.
Can an ordinance amend the Constitution?
No. An ordinance can do only what the legislature could do by an ordinary law; constitutional amendments need the procedure in Article 368.
Based on: CISCE ISC 2028 Political Science (852) syllabus (Classes XI and XII); CISCE Regulations for the ISC Examination Year 2028 (Class XI internal examination)