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Which of the following is NOT a binding source of law in India?

Question and options

Which of the following is NOT a binding source of law in India?

  1. The law declared by the Supreme Court under Article 141

  2. Recommendations made in a report of the Law Commission of India

  3. A custom or usage having the force of law in the territory of India

  4. An Ordinance promulgated by the President under Article 123

Answer and explanation

Correct answer: B - Recommendations made in a report of the Law Commission of India

Legislation (including Ordinances, which under Article 123(2) have the same force as an Act of Parliament), binding precedent under Article 141 and custom having the force of law (included in "law" by Article 13(3)(a)) are all sources of law in India. A Law Commission report is only advice to the Government; its recommendations bind nobody until Parliament or a State Legislature enacts them.

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