CLAT Sample Paper UG-CLAT Mock Test-6 (2020)

  • question_answer
    The work done to explain a particular Smriti is called a commentary. Commentaries were composed in the period immediately after 200 AD. Digests were mainly written after that and incorporated and explained material from all the Smritis. The most prominent commentary is Mitakshara. Mitakshara is a commentary written by a scholar named Vijyaneshwara; and it is a commentary on Yajnavalkya Smriti. In the matters of personal law, especially the partition of the joint property, Mitakshara law still governs all Hindus in India except in Bengal and Orissa. In Bengal and Orissa the Hindus are governed by Dayabhaga law. Dayabhaga is also a commentary on the Yajnavalkya Smriti written by a scholar named Jimutvahana. Dattaka Mimansa and Dattaka Chandrika which are the statements of law relating to adoption are the examples of Dharmasutras were written by the teachers of Vedas in the form of sutras as memoria technica by which the substance of the oral lessons might be recalled. Dharmasutras have also systematically categorised the Vedic knowledge for easy learning. The sutras of Dharmasutras dealing with social, moral and legal precepts are the rudimentary texts of laws. There are four main Dharmasutras namely: Gautama Dharmasutra, Baudhayana Dharmasutra, Apastamba Dharmasutra and Vashistha Dharmasutra.
    Over a period of time different interpretations of Shrutis and Smritis came to be adopted by people in different parts of the country. Such different interpretations were then consistently followed by them over a long period of time, and in this manner became binding custom for those people. Most of the Hindu Law is based on customs and practices followed by the people all across the country. Customary law is still a valid law in India. To be classified as a valid custom in modern India, a practice has to be ancient, should have existed continuously, should be certain and reasonable, and not against law, public policy or morality. Customs may be put into four categories-local customs, family customs caste/community custom and guild custom. Local customs are the customs that are allowed in a geographical area Family customs are the customs that are followed by family from a long time. They bind the families wherever they live. Caste/community customs are the customs that are followed by a particular caste or community. It is binding on the members of that community or caste. Guild customs are the customs that are followed by traders.
    Enactments are the laws that are made by the Legislature in modern times. These are the modern sources of Hindu Law. It includes legislations such as the Hindu Marriage Act, 1955; the Hindu Adoption and Maintenance Act, 1956; the Hindu Minority and Guardianship Act, 1956; the Hindu Succession Act, 1956; etc.
    What constitutes a valid custom in India?

    A) It should be ancient, continuous, certain, reasonable, and not against law, policy or morality.

    B) It should be ancient and moral

    C) It should match the modern standards of law

    D) It should not be challenged in a court of law

    Correct Answer: A

    Solution :

    (a) Customary law is still a valid law in India. To be classified as a valid custom in modern India, a practice has to be ancient, should have existed continuously, should be certain and reasonable, and not against law, public policy or morality.


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