Sources of Hindu Law — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Under Section 2 of the Hindu Marriage Act, 1955, which of the following is NOT excluded from the application of Hindu law?

   • A Muslim
   • A Christian
   • A Sikh (correct answer)
   • A Parsi

   Explanation. Section 2 excludes Muslims, Christians, Parsis, and Jews. Sikhs are expressly brought under Hindu law by the same Section.

2. Which source of Hindu law is described as 'that which is heard' and is regarded as the most authoritative, though now largely of historical value?

   • Smriti
   • Shruti (correct answer)
   • Custom
   • Commentaries and Digests

   Explanation. Shruti (the Vedas) literally means 'that which is heard' and is traditionally the most authoritative, though largely historical/ritualistic in content today.

3. In Collector of Madura v. Moottoo Ramalinga Sathupathy (1868), the Privy Council held that:

   • Custom always yields to the written text
   • Clear proof of usage outweighs the written text of law (correct answer)
   • Custom is irrelevant to adoption
   • Only Smriti governs adoption

   Explanation. The Privy Council held that clear proof of usage (custom) will outweigh the written text of Hindu law — the foundational statement on custom's authority.

4. Which of the following is a MODERN source of Hindu law, as opposed to an ancient one?

   • Smriti
   • Custom
   • Judicial Precedent (correct answer)
   • Commentaries and Digests

   Explanation. Judicial Precedent (along with Legislation and Justice, Equity and Good Conscience) is a modern source; Smriti, Custom, and Commentaries/Digests are ancient sources.

5. The Mitakshara and Dayabhaga are examples of which category of source of Hindu law?

   • Shruti
   • Smriti
   • Commentaries and Digests (correct answer)
   • Legislation

   Explanation. Mitakshara and Dayabhaga are Commentaries and Digests (Nibandhas) — later scholarly works explaining and reconciling the Smritis.

6. Under Section 2(2) of the Hindu Marriage Act, 1955, the Act does not apply to members of Scheduled Tribes unless:

   • They convert to Hinduism
   • A State Government directs otherwise
   • The Central Government directs otherwise by notification (correct answer)
   • They marry a Hindu

   Explanation. Section 2(2) excludes Scheduled Tribes unless the Central Government specifically directs otherwise by notification.

7. What does Section 7 of the Hindu Marriage Act, 1955 recognise, illustrating how ancient and modern sources work together?

   • Registration of marriage only
   • Customary rites and ceremonies for a valid marriage (correct answer)
   • Judicial separation
   • Divorce by mutual consent

   Explanation. Section 7 recognises that a Hindu marriage is validly solemnised according to the customary rites and ceremonies of either party — legislation (modern) preserving custom (ancient).

8. Which of these is NOT a requisite for a custom to be legally binding under Hindu law?

   • Ancient and continuous
   • Certain and reasonable
   • Recorded in a Central Government gazette (correct answer)
   • Not opposed to public policy or morality

   Explanation. A valid custom must be ancient, continuous, certain, reasonable, and not opposed to public policy/morality — there is no requirement of gazette notification.