Sources of Law
8 min readUpdated Nov 2, 2026
The sources of law explain where law comes from, and how it gets its authority, content and binding force. Law does not appear suddenly or at random. It grows through recognised channels that give it validity and make it enforceable.
Jurists use the phrase "sources of law" in different senses. Sometimes it means the sovereign authority from which law gets its force. At other times it means the materials from which the content of law is drawn. Because of this, Austin, Salmond, Holland, Allen and Keeton have each tried to explain and classify the sources in an orderly way.
Meaning of Sources of Law
Sources of law
In a general sense, the origin from which law comes into existence.
e.g.A statute passed by Parliament and a judgment of the Supreme Court are both places from which law comes.
- In India, the phrase has two senses.
- In the first sense, ancient Hindu jurisprudence treated dharma, which means duty, as the foundation of law. Modern jurisprudence says that law comes from the sovereign authority of the State.
- In the second sense, the phrase means the places or materials from which law is known, such as statutes, judicial decisions, customs, law reports and authoritative writings.
- Allen: The true sources are the agencies through which rules of conduct become law. In Law in the Making, C.K. Allen said that these agencies give rules their certainty, uniformity and binding force. A rule becomes law only when an authority that can give it legal sanction recognises and enforces it.
- Holland: The phrase is used in four senses.
Holland's four senses of 'sources of law'
SenseMeaningExample
MaterialThe materials from which law is learntStatute books and law reports
AuthorityThe ultimate authority behind lawThe State
CauseThe causes that brought law into existenceCustom or religion
AgencyThe organs through which law is madeLegislation
- Natural law and religious views treat law as having a divine origin. On this view, law is a gift of God and is found in sacred texts. The Vedas and Smritis are sources of Hindu law, and the Quran, Sunnat and Hadis are sources of Muslim law.
- The meaning is therefore not uniform. It depends on the context in which the phrase is used.
Views of Jurists on Sources of Law
01The sovereign comes firstAustin
The phrase has three senses, and the sovereign comes first.It means the sovereign authority from which law comes. For Austin, law is a command of the sovereign backed by sanction, so the sovereign is the primary source. It means the historical materials from which the existence and content of law are known, such as the Code of Manu, the Yajnavalkya Smriti and the Code of Justinian. It means the causes that give a rule the force of law, such as legislation, custom, equity and judicial decisions.
02Agencies that make a rule lawAllen
Sources are the agencies that make a rule definite, uniform and compulsory.Legislation, precedent and custom are examples. This is a practical view of how a rule becomes law.
03Four dimensionsHolland
No single meaning can be given.He recognises four dimensions: material, authority, cause and agency. He also holds that the State is the only authority that can give law legal sanction. His explanation is realistic because it accepts that the phrase has several uses.
04Materials for judgesFuller
Sources are the materials from which judges draw rules for deciding cases.On his view, statutes, precedents, customs and opinions of jurists are sources because courts use them. Fuller looks at the process of adjudication, and not only at authority. Law is therefore a working system of rules that courts develop and apply, and not merely a command of the sovereign.
05Binding and persuasiveKeeton
Sources are either binding or persuasive.In modern times, the State is the only formal source of law. Other sources matter only when no binding source is available.
Classification of Sources of Law
Many classifications exist, but Salmond's is the most accepted and systematic.
Salmond's Classification
- Formal sources: The source from which a rule of law gets its force and validity. Formal sources do not give the substance of law, but only its legal authority. Salmond says that the State is the formal source, because law becomes binding only when the State recognises and enforces it through legislation or courts. Statutes and court decisions are the ways in which this source shows itself.
- Material sources: The sources from which law gets its matter or content, though not its validity. Salmond divides them into two groups.
Salmond's material sources
KindMeaningExamples
Legal sourcesAuthoritative sources with direct legal recognition. They operate directly and have binding force.Legislation, judicial precedent, customary law, and conventional law (law based on agreement)
Historical sourcesUnauthoritative sources. They do not bind, but they influence the growth of law indirectly.Writings of eminent jurists, foreign judgments, legal history and traditions
Historical sources can become legal sourcesCourts often use them as guidance, and they become legal sources if the law recognises them. Salmond said that historical sources belong more to legal history than to legal theory, so he concentrated on legal sources.
Keeton's Classification
Keeton's binding and persuasive sources
KindMeaningExamples
Binding sourcesCourts must follow themLegislation, judicial precedents and customs
Persuasive sourcesCourts may use them for guidancePrinciples of equity, professional opinions and juristic writings
Keeton held that persuasive sources are useful only when no binding source is available.
Indian Perspective on Sources of Law
The Indian position has developed through ancient, medieval and modern phases.
- Ancient India: Law was tied to dharma. Hindu jurisprudence recognised four sources.
- Shruti, the Vedas.
- Smriti, the Dharmashastras.
- Sadachara, the conduct of virtuous people.
- Atmanastuti, one's own conscience.
- Muslim law had its own four sources. These are the Quran, Sunnat, Ijma (consensus) and Qiyas (analogy). In both systems, law was believed to have a divine origin, though human agencies interpreted and applied it.
- British period: English common law came to India. It recognised custom, legislation, judicial precedent and conventions as sources of law. The Mayor's Courts, later the High Courts, and the Privy Council helped precedent grow as a source of law in India.
- Modern India has three principal sources.
- Legislation, enacted by Parliament and the State Legislatures.
- Judicial precedent, especially decisions of the Supreme Court and the High Courts.
- Custom, to the extent that the law recognises it.
- The Constitution has made legislation the most prominent source. The importance of custom has fallen, while precedent continues to play a major part in interpreting the Constitution and statutes.
How the sources fit togetherArticle 13(3)(a) says that "law" includes ordinances, orders, rules, regulations and notifications, and also a custom or usage that has the force of law in India. Article 141 makes the law declared by the Supreme Court binding on all courts in India.
- The Indian position blends ancient traditions with modern legal principles. Constitutional supremacy and historical growth have shaped it.
The Main Sources Compared
Custom, legislation, precedent and agreement
SourceHow it arisesCharacterPosition in India
CustomSlowly, from the repeated practice of the peopleNot made on purposeRecognised if it meets the legal tests. Mostly in personal and local law.
LegislationBy deliberate enactmentAuthoritative, clear and prospectiveThe most prominent source
Judicial precedentThrough judicial decisionsDeveloped from actual disputesBinding under Article 141
Agreement (conventional law)By consent of the partiesBinds only those who agree, until courts enforce itOperates through contracts and trade usages
Leading Case Laws
Collector of Madura v. Moottoo Ramalinga Sathupathy (Privy Council, 1868)
FactsSuccession in a family where custom differed from the written Hindu law.
Decision and principleClear proof of usage can outweigh the written text of the law.
In re Delhi Laws Act (1951)
FactsA reference on how far a legislature may delegate law-making.
Decision and principleEssential legislative functions cannot be delegated.
Vishaka v. State of Rajasthan (1997)
FactsThere was no law on sexual harassment at work.
Decision and principleThe Court made binding guidelines. Judges can fill gaps in the law.
Bengal Immunity Co. v. State of Bihar (1955)
FactsA sales tax case where an earlier decision was cited.
Decision and principleThe Supreme Court is not bound by its own earlier decisions.
Conclusion
The sources of law explain the origin, authority and growth of legal rules. They show not only how law comes into being, but also how it changes to meet the needs of society. From primitive customs to modern legislation and judicial precedent, law has changed through recognised sources.
Salmond's classification into formal and material sources gives a clear framework. The State is the formal source, and legislation, custom and precedent remain the main legal sources, with historical and persuasive materials in support. In India, the Constitution is supreme, so legislation is the most prominent source, and the precedents of the Supreme Court and the High Courts play a major interpretative role. The sources of law are therefore dynamic and linked with each other, and together they give the legal system stability, continuity and flexibility.
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