alleryStart learning →A custom must be 'immemorial' meaning it must be:
AAt least 50 years old
BPractised by the entire country
CRecognised by Parliament expressly
DProved to be ancient with no known origin
Answer & Solution
Correct answer: D. Proved to be ancient with no known origin
1. The first requisite of a valid custom is Antiquity (Immemorial).
2. The unit cites Blackstone: the custom must have been used so long that the memory of man runs not to the contrary.
3. In India there is no fixed cut-off date (unlike English law's 1189 A.D. test).
4. It is sufficient to prove the custom is ancient.
5. So 'immemorial' means proved-ancient with no known origin, not a fixed age limit.
_Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._
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