Uttara Anil Muley, D.E.S. Shri Navalmal Firodia Law College
ABSTRACT:
"Exploring the Significance of Customary Law and Conventions in India's Legal System: Where Tradition and Constitution Intersect" Customary law and conventions have been integral to India's constitutional law, with a rich historical backdrop. These customs and norms have their roots in the diverse cultural and religious practices that have been part of Indian society for centuries. Over time, these unwritten traditions have evolved in parallel with formal legal systems, guiding governance, fostering cultural diversity, and protecting the rights of minority groups within the Indian constitutional framework. Customary law and conventions remain integral to India's constitutional law, fostering cultural diversity and minority rights while coexisting with formal legal structures, reaffirming India's commitment to its rich traditions within the constitutional framework. Customary law and conventions are significant components of constitutional law as they encompass unwritten, time-honoured practices and traditions that have evolved over time. These informal norms are essential in guiding the functioning of constitutional systems, especially in country like India, where they influence the parliamentary system, define parliamentary privileges, and safeguard individual rights within specific cultural and religious contexts. Despite being unwritten and evolving over time, these customary laws and conventions hold considerable significance. However, understanding their influence, integration, and implications within the broader constitutional structure is a complex and multifaceted challenge. These unwritten norms, deeply rooted in tradition and practice, play a crucial role in preserving cultural diversity, safeguarding minority rights, and maintaining social harmony. Through their adaptability and resilience over time, they contribute to the evolution of legal systems, reinforcing principles of justice and equality, and finding a harmonious coexistence with formal legal structures. Reforms for customary law in India include codification, harmonization with fundamental rights, legal support, gender equality, and conflict resolution guidelines. It aims to unravel the multifaceted dimensions of customary laws and conventions within constitutional law, shedding light on their dynamic and evolving nature and their implications for governance and society.
Keywords: convention, customary law, constitution, governance, rights, society.
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