1. Custom implies continued observance of certain principle by persons or group of per­sons for a long time. Time is no consideration; declaration of sovereign command is legislation.

Custom is de-facto while legislation is de-jure.

Legislation set the relation between state and its subject, custom regulate relations among subject inter se.

For legislation existence of state is essential, custom does not need such agency.

ADVERTISEMENTS:

Custom is the chief of characteristic of primitive society while legislation is a modern con­cept.