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Customary Law and the Constitution

Description: This quiz is designed to assess your understanding of the relationship between customary law and the Constitution.
Number of Questions: 15
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Tags: customary law constitution indian law
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What is the primary source of customary law in India?

  1. The Vedas

  2. The Upanishads

  3. The Smritis

  4. The Arthashastra


Correct Option: C
Explanation:

The Smritis, which include the Manusmriti, are the primary source of customary law in India.

Which of the following is not a characteristic of customary law?

  1. It is unwritten

  2. It is based on tradition

  3. It is enforced by the state

  4. It is uniform throughout the country


Correct Option: D
Explanation:

Customary law is not uniform throughout the country. It varies from region to region and community to community.

How does customary law interact with the Constitution?

  1. Customary law is subordinate to the Constitution

  2. The Constitution is subordinate to customary law

  3. Customary law and the Constitution are on equal footing

  4. Customary law and the Constitution are mutually exclusive


Correct Option: A
Explanation:

Customary law is subordinate to the Constitution. This means that if there is a conflict between a customary law and a constitutional provision, the constitutional provision will prevail.

Which of the following is an example of a customary law that has been upheld by the Supreme Court?

  1. The right to inherit property

  2. The right to marry

  3. The right to practice one's religion

  4. The right to free speech


Correct Option: A
Explanation:

The Supreme Court has upheld the right to inherit property as a customary law.

Which of the following is an example of a customary law that has been struck down by the Supreme Court?

  1. The practice of sati

  2. The practice of child marriage

  3. The practice of untouchability

  4. The practice of polygamy


Correct Option: A
Explanation:

The Supreme Court has struck down the practice of sati as a violation of the right to life.

What are the challenges to the enforcement of customary law in India?

  1. The lack of written records

  2. The diversity of customary laws

  3. The influence of modern law

  4. All of the above


Correct Option: D
Explanation:

The challenges to the enforcement of customary law in India include the lack of written records, the diversity of customary laws, and the influence of modern law.

What are some of the ways in which customary law can be preserved and promoted?

  1. Documenting customary laws

  2. Providing training to judges and lawyers on customary law

  3. Establishing customary law courts

  4. All of the above


Correct Option: D
Explanation:

Some of the ways in which customary law can be preserved and promoted include documenting customary laws, providing training to judges and lawyers on customary law, and establishing customary law courts.

What is the role of the state in relation to customary law?

  1. To protect customary law

  2. To promote customary law

  3. To regulate customary law

  4. All of the above


Correct Option: D
Explanation:

The role of the state in relation to customary law includes protecting customary law, promoting customary law, and regulating customary law.

What are some of the criticisms of customary law?

  1. It is often discriminatory

  2. It is outdated

  3. It is not uniform

  4. All of the above


Correct Option: D
Explanation:

Some of the criticisms of customary law include that it is often discriminatory, outdated, and not uniform.

What are some of the benefits of customary law?

  1. It is based on tradition

  2. It is flexible

  3. It is responsive to local needs

  4. All of the above


Correct Option: D
Explanation:

Some of the benefits of customary law include that it is based on tradition, flexible, and responsive to local needs.

What is the future of customary law in India?

  1. It will continue to play an important role

  2. It will be replaced by modern law

  3. It will be marginalized

  4. It is uncertain


Correct Option: D
Explanation:

The future of customary law in India is uncertain. It is possible that it will continue to play an important role, be replaced by modern law, or be marginalized.

Which of the following is not a source of customary law?

  1. Judicial decisions

  2. Legislation

  3. Treaties

  4. Customs


Correct Option: B
Explanation:

Legislation is not a source of customary law. Customary law is based on tradition and usage, not on legislation.

Which of the following is not a characteristic of customary law?

  1. It is unwritten

  2. It is based on tradition

  3. It is enforced by the state

  4. It is uniform throughout the country


Correct Option: D
Explanation:

Customary law is not uniform throughout the country. It varies from region to region and community to community.

Which of the following is an example of a customary law that has been upheld by the Supreme Court?

  1. The right to inherit property

  2. The right to marry

  3. The right to practice one's religion

  4. The right to free speech


Correct Option: A
Explanation:

The Supreme Court has upheld the right to inherit property as a customary law.

Which of the following is an example of a customary law that has been struck down by the Supreme Court?

  1. The practice of sati

  2. The practice of child marriage

  3. The practice of untouchability

  4. The practice of polygamy


Correct Option: A
Explanation:

The Supreme Court has struck down the practice of sati as a violation of the right to life.

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