Law: Meaning and Definition:

Law can be defined as a definite rule of conduct and human relations. It also means a
uniform rule of conduct which is applicable equally to all the people of the State. Law
prescribes and regulates general conditions of human activity in the state.

1. “Law is the command of the sovereign.” “It is the command of the superior to an
inferior and force is the sanction behind Law.” —Austin

2. “A Law is a general rule of external behaviour enforced by a sovereign political

authority.” -Holland

In simple words, Law is a definite rule of behaviour which is backed by the sovereign
power of the State. It is a general rule of human conduct in society which is made and
enforced by the government’ Each Law is a binding and authoritative rule or value or
decision. Its every violation is punished by the state.

II. Nature/Features of Law:

1. Law is a general rule of human behaviour in the state. It applies to all people of the
state. All are equally subject to the laws of their State. Aliens living in the territory of
the State are also bound by the laws of the state.

2. Law is definite and it is the formulated will of the State. It is a rule made and
implemented by the state.

3. State always acts through Law. Laws are made and enforced by the government of
the State.

4. Law creates binding and authoritative values or decisions or rules for all the
people of state.

5. Sovereignty of State is the basis of law and its binding character.

6. Law is backed by the coercive power of the State. Violations of laws are always
punished.

7. Punishments are also prescribed by Law.

8. The courts settle all disputes among the people on the basis of law.

9. In each State, there is only one body of Law.

10. Legally, Law is a command of the sovereign. In contemporary times laws are
made by the representatives of the people who constitute the legislature of the State.
Laws are backed by on public opinion and public needs.

11. The purpose of Law is to provide peace, protection, and security to the people and
to ensure conditions for their all round development. Law also provides protection to
the rights and freedoms of the people.

12. All disputes among the people are settled by the courts on the basis of an
interpretation and application of the laws of the State.

13. Rule of law, equality before law and equal protection of law for all without any
discrimination, are recognised as the salient features of a modern legal system and
liberal democratic state.

III. Sources of Law:

1. Custom:
Custom has been one of the oldest sources of law. In ancient times, social relations
gave rise to several usages, traditions and customs. These were used to settle and
decide disputes among the people. Customs were practiced habitually and violations
of customs were disapproved and punished by the society. Initially social institutions
began working on the basis of several accepted customs.

Gradually, the State emerged as the organised political institution of the people
having the responsibility to maintain peace, law and order; naturally, it also began
acting by making and enforcing rules based upon customs and traditions. In fact,
most of the laws had their birth when the State began converting the customs into
authoritative and binding rules. Custom has been indeed a rich source of Law.

2. Religion and Morality:

Religion and religious codes appeared naturally in every society when human beings
began observing, enjoying and fearing natural forces. These were accepted as
superior heavenly forces (Gods and Goddesses) and worshiped.

Religion then started regulating the behaviour of people and began invoking “Godly
sanction”, “fear of hell”, and “possible fruits of heaven”, for enforcing the religious
codes. It compelled the people to accept and obey religious codes. Several religions
came forward to formulate and prescribe definite codes of conduct. The rules of
morality also appeared in society. These defined what was good & what was bad,
what was right and what was wrong.
The religious and moral codes of a society provided to the State the necessary
material for regulating the actions of the people. The State converted several moral
and religious rules into its laws. Hence Religion and Morality have also been
important sources of Law.

3. Legislation:
Since the emergence of legislatures in 13th century, legislation has emerged as the
chief source of Law. Traditionally, the State depended upon customs and the decrees
or orders of the King for regulating the behaviour of the people. Later on, the
legislature emerged as an organ of the government. It began transforming the
customary rules of behaviour into definite and enacted rules of behaviour of the
people.

The King, as the sovereign, started giving these his approval. Soon legislation
emerged as the chief source of law and the legislature got recognition as the Legal
Sovereign i.e. law-making organ of the State. In contemporary times, legislation has
come to be the most potent, prolific and direct source of law. It has come to be
recognized as the chief means for the formulation of the will of the State into binding
rules.

4. Delegated Legislation:
Because of several pressing reasons like paucity of time, lack of expertise and
increased demand for law-making, the legislature of a State finds it essential to
delegate some of its law-making powers to the executive. The executive then makes
laws/rules under this system. It is known as Delegated Legislation. Currently,
Delegated Legislation has come to be a big source of Law. However, Delegated
Legislation always works under the superior law-making power of the Legislature.

4. Judicial Decisions: In contemporary times, Judicial Decision has come to be an

important source of Law. It is the responsibility of the courts to interpret and apply
laws to specific cases. The courts settle the disputes of the people in cases that come
before them. The decisions of the courts – the judicial decisions, are binding on the
parties to the case. These also get accepted as laws for future cases. But not all
judicial decisions are laws.

Only the judicial decisions given by the apex court or the courts which stand
recognized as the Courts of Record, (like the Supreme Court and High Courts of
India) are recognized and used as laws proper. Lower Courts can settle their cases on
the basis of such judicial decisions.
5. Equity:
Equity means fairness and sense of justice. It is also a source of Law. For deciding
cases, the judges interpret and apply laws to the specific cases. But laws cannot fully
fit in each case and these can be silent in some respects. In all such cases, the judges
depend on equity and act in accordance with their sense of fair play and justice.
Equity is used to provide relief to the aggrieved parties and such decisions perform
the function of laying down rules for the future. As such equity acts as a source of
law.

V. Types of Law:
Broadly speaking there are two main kinds of Law:
(i) National Law i.e. the body of rules which regulates the actions of the people in
society and it is backed by the coercive power of the State.

(ii) International Law i.e. the body of rules which guides and directs the behaviour of
the states in international relations. It is backed by their willingness and consent that
the states obey rules of International Law. It is a law among nations and is not
backed by any coercive power.

National Law is the law by which the people are governed by the state. It
stands classified into several kinds:
1. Constitutional Law

2. Ordinary Law:
It is stands classified into two sub types:
2 (a) Private Law

2(b) Public Law:

It stands again sub-divided into two parts:

2(b) (i) General Public Law

2(b) (ii) Administrative Law

1. Constitutional Law:
Constitutional Law is the supreme law of the country. It stands written in the
Constitution of the State. The Constitutional Law lays down the organisation,
powers, functions and inter-relationship of the three organs of government. It also
lays down the relationship between the people and the government as well as the
rights, freedoms (fundamental rights) and duties of the citizens. It can be called the
Law of the laws in the sense all law-making in the State is done on the basis of
powers granted by the Constitutional Law i.e. the Constitution.

2. Statute Law or Ordinary Law:

It is also called the national law or the municipal law. It is made by the government
(legislature) and it determines and regulates the conduct and behaviour of the
people. It lays down the relations among the people and their associations,
organisations, groups and institutions. The legislature makes laws, the executive
implements these and judiciary interprets and applies these to specific cases.

Ordinary Law is classified into two parts:

2 (a) Private Law and

2 (b) Public Law.

2 (a) Private Law:

Private Law regulates the relations among individuals. It lays down rules regarding
the conduct of the individual in society and his relations with other persons. It
guarantees the enjoyment of his rights. It is through this law that the State acts as the
arbiter of disputes between any two individuals or their groups.

2 (b) Public Law:

The law which regulates the relations between the individual and the State is Public
Law. It is made and enforced by the State on behalf of the community.

Public Law stands sub divided into two categories:

2(b)(i) General Law, and

2(b)(ii) Administrative Law.

2(b) (i) General Law:

It lays down the relations between the private citizens (Non-officials or who are not
members of the civil service) and the State. General Public Law applies to all the
citizens in their relations with the State.

2(b) (ii) Administrative Law:

It lays down the rules governing the exercise of the constitutional authority which
stands delegated by the Constitution of the State to all the organs of government. It
also governs the relations between the civil servants and the public and lays down the
relations between the civil servants and the State. In some States like France,
Administrative Law is administered by Administrative Courts and General Law is
administered by ordinary courts. However in countries like India, Britain and the
USA the same courts administer both the General Law and Administrative Law.

Clarifying the distinction between Public law and Private law, Holland writes: “In
Private Law the parties concerned are private individuals alone and between whom
stands the State as an impartial arbiter. In Public Law also the State is present as an
arbiter although it is at the same time one of the parties interested.”