CUSTOM OR USAGE HAVINGFORCE OF LAW SERIES VOLUME - 8

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Buy CUSTOM OR USAGE HAVINGFORCE OF LAW SERIES VOLUME - 8 | New Arrivals, A Social Legal Perspective, CRIMINAL LAW

ABOUT THE BOOK
The gradual evolution and development of modern institutions, viz. social, religious and political has long since found a favorite subject for research and speculation. Due to the eagerness of knowing the real purpose and necessity of the phrase in Article 13(3)(a) "custom or usage having in the territory of India the force of law" under the Fundamental Rights Part of the Constitution of India, compelled to go to the root of the same. Though, there are countless customs and usages in the land among the thousands of castes, creed, groups and regions in practice which may be having force of law, but it is a life of the indigenous people, who are listed as Scheduled Tribes under the provisions of Article 342 of the Constitution of India, hence it is conceived that the customs and usages having in the territory of India the force of law, be studied. The necessity of this becomes all the greater and more relevant and urgent in view of many accretions that form themselves in course of time and gather around the fundamental principle, thereby, obliterating it completely from one's view and obstructing its fair and free play and working. But if it is once hold of, and rightly understood, the accretions that gather around, can easily be shaken off like those on the terminals of an electric battery. An omission to take this step both through ignorance, negligence or interested motives has been the fruitful source of a world evil and from time to time, led to serious political upheavals, upsetting the existing order of things and producing chaos, disorders and great human misery to the indigenous people, i.e. the Scheduled Tribes. This is in accordance with the well-known law of nature, which always helps the moral order of the universe to assert itself, whenever it is in danger of being choked to death or reduced to inactivity. The best government in the world is therefore, that which always keeps the fundamental principles in view, and maintains free and fair working at all costs, by shaking off the foreign accretions that gather around it.

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