1218 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
“law includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.”
Here ‘territory of India’ does not mean that there is going to be only one custom throughout India. There is not going to be any one order or notification applicable throughout India. The Government of India decides its policy for each State according to circumstances prevailing there.
I also want to tell you what is meant by ‘law in force’, and this will explain what I understand from the words ‘variations’ and ‘uniformity’ :
“laws in force’ include laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.”
So, I want to suggest that the word ‘uniformity’ used here will make complications and nothing will be lost if it is dropped. After all what does this ‘custom’ mean ? We are educated enough to understand that ‘custom’ is an usage prevalent from the time of our forefathers. You might quote certain thing prevalent upto yesterday, in which you have made a change today, but, for that reason, shall we not take it as custom and will it not affect us ? It may not affect economists, but it is not proper. Therefore, if you want to bring the word ‘custom’ and allow some concession according to it, it may be put in a way that people may get something through it.
‘Custom’ has been defined in the Law Dictionary as follows :
“It must have been continued, peaceable, reasonably certain man runs not to the contrary.
“It must have been continued, peaceable, reasonably certain, compulsory and not left to the option of every person whether he will use it or not, and consistent with other customs, for one custom cannot be said to be in opposition to another.”
These things should be taken into consideration. I have suggested that the word “continuous” was equivalent to ‘having been in vogue’ This is not a wrong word, ‘in vogue’ being a comprehensive word of the English language meaning a thing prevalent and in practice. That is why I have proposed ; ‘having been in vogue for a long time’, ‘it has been in practice for a long time’.