Facts of the Case
In a given situation, an established custom, followed for a long period by a community or group, is found to be inconsistent with a provision of the Constitution of India. The custom may relate to matters such as marriage, inheritance, social practices, or religious observances. When the validity of such a custom is challenged before a court, a conflict arises between the continuance of customary practice and the supremacy of constitutional provisions, particularly those guaranteeing fundamental rights.
Issues in the Case
The following legal issues arise for determination:
- Whether an established custom has the force of law under Indian jurisprudence.
- Whether a custom can prevail over a constitutional provision.
- Which shall prevail in case of inconsistency—custom or the Constitution.
- Why constitutional provisions override conflicting customs.
Legal Principles Covered to Support Case Proceedings and Judgements
A. Custom as a Source of Law
Custom is a recognized source of law in jurisprudence, provided it is:
- Ancient
- Certain
- Reasonable
- Not opposed to public policy or law
However, custom derives its authority only so long as it is consistent with higher legal norms.
B. Supremacy of the Constitution
The Constitution of India is the supreme law of the land. All laws, customs, and usages derive their validity from the Constitution. Any law or custom inconsistent with constitutional provisions is void to the extent of inconsistency.
C. Fundamental Rights and Equality
Many customs have been invalidated because they violate:
- Equality before law
- Non-discrimination
- Personal liberty and dignity
Customs that are discriminatory, oppressive, or arbitrary cannot survive constitutional scrutiny.
D. Doctrine of Constitutional Supremacy
Indian jurisprudence firmly establishes that constitutional provisions prevail over all other sources of law, including customs, religious practices, and personal laws. Courts have repeatedly held that traditions must yield to constitutional values.
E. Rationale
The rationale is to ensure:
- Uniform protection of rights
- Social reform and justice
- Supremacy of constitutional morality over social morality
Allowing custom to override the Constitution would defeat the very purpose of constitutional governance.
Possible Judgement
The court is likely to hold that:
- The constitutional provision shall prevail over the established custom.
- The custom, being inconsistent with the Constitution, is void and unenforceable.
- Fundamental rights and constitutional mandates cannot be overridden by tradition or long usage.
- Customs must conform to constitutional principles to remain legally valid.
Accordingly, the inconsistent custom would be struck down, and constitutional supremacy would be upheld.
About Lawgnan
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