Customary Law: An Overriding Effect

Ritika Mishra, Amity Law School Patna

ABSTRACT

While talking about the dominance of customary laws over codified laws we can easily give an inference that when a usage or a practice confirms its validity before the courts by satisfying all its requirements then it can supplant even a statute made laws. The term requirement means all the prerequisites of a valid recognized custom. If we talk about contemporary situation, then a custom to be recognized as a customary law must be treated as a right. It must prove its validity with public morality and sanctity. Any customary law that conflicts with an existing law or statute that governs a subject exclusively cannot be upheld if that law or statute is currently in effect. The lifestyles of the primitives were governed by the conventions that evolved at that time due to the conditions, according to studies of ancient cultures. When a particular action is taken repeatedly in a particular manner, it develops into a custom. Ancient Hindu Law was largely influenced by customs.

Currently, the Indian habit known as "Namaste" has spread throughout the world thanks to COVID-19. Not only the Indian Prime Minister joins hands in greeting, but the prime ministers of many other countries also do the same. This paper further deals with an overriding effect of law especially in terms of family law.