Active learning ideas
This topic examines where law comes from. In India, the primary sources are Legislation (laws made by Parliament), Judicial Precedent (decisions by higher courts), and Custom (long-standing social practices). Students learn how these sources interact, such as how a court's interpretation of a statute can effectively become law through the doctrine of 'stare decisis'.
Activity 01
Students act out a case where a local custom (e.g., a specific way of water sharing) is challenged in court. They must use the legal criteria for a 'valid custom' to argue if it should be recognized as law.
What makes a custom legally binding?
Activity 02
Groups are given a Supreme Court judgment and must find the 'Ratio Decidendi' (the core reason) and the 'Obiter Dicta' (incidental remarks). They then explain how the 'Ratio' binds lower courts.
How is legislation drafted and passed?
Activity 03
Students discuss why we can't just rely on old customs or court cases to run a modern country. They share their thoughts on the speed and clarity of Parliament-made laws.
What is the role of judicial precedent in shaping law?
A few notes on teaching this unit
Watch Out for These Misconceptions
Any old habit can be considered a legal 'Custom'.
A custom must be ancient, certain, reasonable, and not against public policy to be law. A 'Custom Filter' activity where students test habits against these criteria helps correct this.
Judges only apply laws; they don't 'make' them.
Through precedents, judges fill gaps in legislation. Analyzing a landmark case like Vishaka v. State of Rajasthan shows students how the court created 'guidelines' that acted as law for years.
Methods used in this brief
Nature and Meaning of Law
Introduces various jurisprudential perspectives on the definition and purpose of law. Students will explore the relationship between law, morality, and justice.
8 methodologies
Classification of Laws
Categorizes laws into different branches such as public, private, substantive, and procedural law. It provides a framework for understanding the legal landscape.
8 methodologies