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Question
Assertion :Custom to have force of law must be followed from time immemorial. Reason: Custom represents common consciousness of the people.
Assertion :Custom to have force of law must be followed from time immemorial. Reason: Custom represents common consciousness of the people.
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Solution
The correct option is B Both Assertion and Reason are correct but Reason is not the correct explanation for Assertion
Both A and R are true but R is not the true explanation of A.
Certain tests or essentials have been laid down by the jurists which a custom must satisfy for its judicial recognition. One of the essentials of a valid custom is antiquity, i.e., custom should be recognised as law must be proved to be in existence from time immemorial. In Subramanian Chettiar v. Kumarappa Chettiar, custom has been defined as, "Aparticular rule which has existed from the time immemorial and has obtained the force of law in a particular locality."
Customs also represent the common consciousness of a group, its sense if what is fitting, decorous and seemly. It corresponds somewhat to the literate notion of equity, whether legal or moral.
Both A and R are true but R is not the true explanation of A.
Certain tests or essentials have been laid down by the jurists which a custom must satisfy for its judicial recognition. One of the essentials of a valid custom is antiquity, i.e., custom should be recognised as law must be proved to be in existence from time immemorial. In Subramanian Chettiar v. Kumarappa Chettiar, custom has been defined as, "Aparticular rule which has existed from the time immemorial and has obtained the force of law in a particular locality."
Customs also represent the common consciousness of a group, its sense if what is fitting, decorous and seemly. It corresponds somewhat to the literate notion of equity, whether legal or moral.
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