Continuity and Change: A Jurisprudential Exploration of Punjab Customary Law
Punjab Customary Law, a legal tradition rooted in colonial policy and agrarian patriarchy, occupies a peculiar position in the Indian legal system. Oscillating between statutory law and living custom, its enduring relevance continues to shape property rights, succession, and marital relations, particularly in rural Punjab. This article undertakes an in-depth historical and analytical study of Punjab Customary Law, tracing its evolution, judicial treatment, and contemporary significance in a rapidly modernising legal landscape. Through comparative insights and key precedents, the article argues for a coherent jurisprudence that reconciles custom with constitutionalism. The Indian legal system is a pluralistic framework, wherein statutory laws, religious prescriptions, and customary norms coexist—often in tension. Among the most distinctive manifestations of this plurality is Punjab Customary Law, which governs critical aspects of civil life including succession, marriage, property alienation, and guardianship. [Read More]