What is a Statute?
A Statute is a formal written enactment of
Legislative authority that governs a country, state, city or county. In Simple
words, it is the Law, ordinance or an act, enacted by a competent authority.
Please join our Telegram or WhatsApp group and
never miss a single update.
Classification of Statute
Generally, Statute can be
classified with reference to its duration, Method, Object, and extent of
Application.
Classification
with reference to duration
1. Temporary
Statute
A temporary statute is one which where its period of operation and
validity has been fixed by the statute itself. Such an act continues in force
unless repealed earlier, until the time so fixed. After the expiry of the act
if the legislature wishes to continue it, a new enactment is required. The
Finance Act is the temporary act and is required to be passed every year.
2. Permanent
or the perpetual statute
this
type of statute is the one in which the statute remains effective until it is
substituted or repealed by the further legislative act.
Classification
with reference to method
1. Mandatory,
Imperative or Obligatory statute
A mandatory statute is one which compels performance of certain things,
or compels that certain things must be done in a certain manner or form.
2. Directory
statue
A
directory statute merely directs or permits a thing to be done without
compelling its manner or performance.
In H.V. Kamath vs. Ahmad Ishaque: it was held that
mandatory provision has to be strictly observed whereas substantial compliance
of a directory provision is enough.
Classification
with reference to object
1. Codifying
Statute
A codifying statute is one which codifies the law, or
in other words which purports to state exhaustively the whole of law upon a
specific subject. The code contains the pre- existing provisions in different
statute on the subject as well as the common law on it. The foremost purpose of
the codifying statute is to present an orderly and authoritative statement of
the leading rules of the law on a given subject whether those rules are to be
found in a statute or common law.
Example: The Hindu Succession Act, 1956 is a codifying
statue with respect to intestate succession among Hindus.
With reference to codifying statute, following things
can be noted:
I.
A Codifying Statute may be a Code only with respect to a
particular branch of a subject. It may not cover other branches of the same
subject.
II.
In contrast to an ordinary enactment, a Code is self
contained and complete.
In Gokul Mandar vs. Pudmanund Singh, it was held that the essence of a
Codifying Statute is to be exhaustive on matters in respect of which it
declares the law, and it is not the province of the judge to disregard or go
outside the letter of enactment according to its true construction. A Code is
self-contained and complete and that marks the distinction between a Code and
an ordinary enactment.
III.
When the Code covers a situation, it is not permissible to
apply general principles.
in L. Janakirama Iyer
vs. P.P.M. Nilkanto Iyer, it was observed that a question of res judicata in relation to a suit has
to be decided solely on terms of Section 11 of Civil Procedure Code and not on
general principles of res judicata.
Rule for the Construction of
Codifying Statute
As per the Lord Herschel rule, while construing a Codifying
Act, first the language used in the Act should be examined without any
reference or influence of previous law. Only when this method fails, the
alternatives should be used.
2. Consolidating
Statutes
Consolidating Statute is a Statute which presents whole body
of statutory law on the subject in complete form repealing the former Statute.
In other words, it is a Statute which consolidates various laws on a particular
subject at one place. It collects all statutory enactments on a specific
subject and gives them a shape of one Statute. The Companies Act is an example
of a Consolidating Statute. With regards to a consolidate statutes, following
things can be noted:
I.
A Consolidating Statute is not intended to alter the law.
Therefore, it is relevant to refer to the previous state of law or to judicial
decisions interpreting the repealed acts, for the purposes of construction of corresponding
provisions in Consolidating Act.
II.
A Consolidating Act maybe an Amending Act. This additional
purpose is usually indicated in the preamble of long title by use of words “An
Act to consolidate and amend”.
Object
According to Watson, the very object of consolidation is to
collect the statutory law on a particular subject and bring it down to date, in
order that it may form a useful Code applicable to the circumstances existing
at that time when Consolidating Act was passed.
Rule of Construction to the
Consolidated Statute
It has been said that the Consolidating Act should be
interpreted reasonably with reference to its context. The Court Nowadays say
that a consolidated Act that should also follow the same canons of construction
as are being followed in respect of other Statutes and that there are no
separate rules of construction of a consolidating Statute. However, in
such cases where in spite of the best efforts of the court any ambiguity
remains then reference can be made to the interpretation given in the past to
the repealed enactments which have been consolidated to form the present Act.
Beswick vs Beswick, In this Case, Court Stated that
very object of consolidation is to collect statutory law bearing upon a
particular subject to bring it down to date, in order that it may form a useful
code applicable to the circumstances existing at the time when the
Consolidating Act is passed.
In General Electric Co.
vs. General Electric Co. Ltd., in construing certain provisions of Trade
Marks Act, 1938, all the previous act beginning from 1875 and common law
existing were considered by the court.
3. Declaratory
statute
Declaratory Statute is a statute that takes away the
doubts of an enacted law. Passing of a declaratory statute becomes desirable
when certain expressions in common law or statutes are being misunderstood.
This may happen, for instance where the courts have been interpreting a
particular expression as connoting a specific meaning which the legislature
feels is a wrong notion of the expression.
Following features better illustrate the declaratory
statute:
I.
The mere expression, “it is hereby declared”, does not
necessarily make a law declarative.
II.
Such a law does not create a substantive right. It merely
declares the law as the case may be, and the law in force at the time of
operation of the Act.
III.
The effect of a declaratory Statute is retrospective
but cases pre-decided under the Act cannot be opened.
IV.
If a declaratory Statute has been passed during the pendency
of the appeal, the appeal shall be decided on the basis of such declarative
Statute.
4. Explanatory
Statute.
An explanatory statute is one which explains the
previously enacted law. Such a statute generally passed with the intent to
provide a better explanation of an existing law, or to remove the doubt of an
expression used in a previous law.
Difference between declaratory and
Explanatory statute
A declaratory statute is a statute which is passed, when the
courts or any other authorities misunderstood the provisions of an existing
law. Whereas, An
explanatory statute is one which simply explains the previously enacted law.
5. Remedial
Statute
Remedial Statute is the law by which a new remedy is
provided. The main purpose of passing such a law is to improve the enforcement
of one’s right or to rectify the mistakes and defects of the previous law.
In the present scenario, remedial statute is also
becoming popular with the name of ‘socioeconomic legislation’.
Examples of Remedial Statute:
I.
Maternity benefit act, 1961,
II.
Factories act, 1948,
III.
Payment of bonus act, 1936 etc.
Remedial laws can be both extensional and obstructive.
Acts will be extensional when narrow common law is expanded and obstructive
when existing common law authority is curtailed.
Rule of Interpretation to Remedial
Statute
The interpretation of remedial law is done from a
liberal point of view. Doubts are
resolved in favor of the persons for whose benefit that law has been made.
6. Enabling
Statute
According to Craies, "many statutes have been
passed to enable something to be done which was previously forbidden by law,
with or without prescribing the way it is to be done". An enabling statute
is one which enlarges the common law where it is narrow. It makes doing of
something lawful which would not be otherwise lawful.
7. Disabling
statute
A disabling statute is a law that restricts, cutdown
or abrogates a right conferred under ordinary law.
8. Penal
Statute
When the disobedience of law is not enforced by
personal action but is punished by command of law, then such law is called as
penal law. Punishment for disobeying law can be in the form of fine, forfeiture
of property, imprisonment and death. Such Statute may be in the form of a
comprehensive criminal code or large number of sections providing punishment for
different wrongful acts.
Example: Criminal Procedure Code, 1973, Indian Penal
Code, 1860, Protection of Children from Sexual Offences Act, 2012 etc.
9. Taxing
or Fiscal Statute
A taxing statute is one which imposes taxes on income
or certain other kinds of transaction. It may be in the form of income tax,
wealth tax, sales tax, gifts tax etc. It is a source of revenue generation for
the state. The money so collected is utilized for welfare of the people. Tax
can be levied only when a statute unequivocally so provides by using express
language to that effect and any doubts is resolved in favour of the assessee.
10. Amending
Statute.
An amending statute is one, which makes some alteration
in the originally passed statute in order to rectify it or to fulfil its
purpose more effectively. Such an amending law cannot be called a repeal law.
It is only the law to be amended.
11. Repealing
Statute
In general, the term repeal stands for to cancel, to
revoke or abolish. Repeal of statutes means the abolition of the law, and once
if any statute is abolished then it is considered void and possesses no
effects.
Objects of the Repealing Act
I.
Bring necessary changes in the existing law in order to cure
the defects,
II.
to remove the outdated or obsolete laws,
III.
Bringing improvements in laws to meet socio-economic and
cultural conditions.
kinds of repeal
There are two types of repeal:
I.
Express repeal: When an earlier statute or some of its provisions
are repealed through express words embedded under the newly enacted statute,
stating that the provisions are now of no effect, is called the express repeal.
To repeal existing legislation, language such as “shall cease to have effect”
or “all provisions that are conflicting with this act are thus repealed” are
commonly used in the later statute.
R. v. longmead: In the instant case, it was held that
the legislature in order to pass a repeal or continue any statute, is not
restricted to use precise forms of words.
II.
Implied repeal: The term implied means implicit or hinted. So
when a statute becomes obsolete and it is inferred that it is no longer of use,
then it shall be repealed with the newly enacted statute.
In the case of implied repeal, the burden lies over
the person who asserted the implication of repeal. However, if the newly
enacted statute shows no clear intention, or is inconsistent with the
provisions of the earlier act, then such an assertion or presumption is
rebutted.
For the implied repeal of a statute following points
are to be considered:
I.
Whether the previously enacted laws are in direct
contradiction to the later enacted laws.
II.
The conflict between the laws is of such a nature that can’t
be resolved and reconciliation between the laws is not possible.
III.
Whether the newly enacted act is not consistent with the
previously enacted act and one has to be obliterated.
IV.
When both the laws are of such a nature that occupy and deals
with the same field.
Test of the Implied Repeal
There is the assertion against the repeal by
implication. The reason for making such an assertion is that legislature while
making or enacting the law has full knowledge about the current laws on the
subject matters. If the legislature has no provision regarding the repeal of
the statute then it is asserted that the legislature has no intention to repeal
the existing statute.
Ratanlal Adukia v Union of India: In the instant case,
the Supreme Court stated that the doctrine of implied repeal is loosely based
on the statement that the legislature assumed the current state of the law did
not intend to generate any vagueness by retaining the conflicting provisions.
The court while implicating this doctrine examines the nature and scope of the
two enactments by giving effect to the legislative intent.
Municipal council Palari v. T.J. Joseph: it was held
that if an act or provision enacted is inconsistent from the act previously
enacted and one of the acts must be obliterated, the presumption, in this case,
rebutted and the implied repeal is inferred.
Repeal by Desuetude
There are certain acts which possess the nature of
permanent statute but remains inoperative or ineffective for a long period of
time as they are not applied or taken into consideration by the court for a
long period of time. Due to this, the statute loses its recognition and its
applicability. Such disobedience of act is known as Repeal by Desuetude.
Effects of Repeal
I.
Effects under
General clauses act:
II.
Other effects:
·
The statute
repealed is abolished and obliterated and becomes dead as if the enactment of
the statute.
·
All the rights
created and enshrined under the repealed act is removed.
·
The statute
after getting repealed becomes ineffective.
·
Except for a
saving clause, each and every part of the statute is considered
unconstitutional.
·
In order to
validate a transaction made under a repealed statute, the law can
retrospectively amend the statute even after it is obliterated.
12. Curative
or Validating Statute
A curative law is one which is passed to cure a defect
in the previous law or to validate the legal process, or to give legal
recognition to the actions of public or private administrative authorities, in
a situation that if it had not been done then such action would be void. Such
law often refers to the expression “notwithstanding any adjudicating judgment,
decree, or order of any court”.
For any Curative Legislation to be valid, the
following requirements must be met:
I.
since the primary purpose of a Curative Statute is to give
legal validity to an action that has taken place in the past, such statutes
must have a retrospective application.
II.
Curative Legislation can only deal with those actions that
have procedural irregularities and not substantive, as substantive laws
contains rights, duties and obligations, which cannot altered with the
retrospective application, it would attract the principle of Ex post facto
laws, article 20(1).
III.
Such validation is consistent with the rights guaranteed in
part III of the constitution.
IV.
the legislative body enacting the curative legislation must
have the authority to enact such legislation.
Object
I.
To remove the ill-effect, or illegality of actions, or
procedures that have been legally valid.
II.
To legitimize such acts, which are declared illegal by a
court of law.
In Amarendra Kumar Mohapatra and others v. State of
Orissa and others: The Hon'ble Supreme Court of India held that while
adjudication of rights is essentially a judicial function, the power to
validate an invalid law or to legalize an illegal action is within the
exclusive province of legislature. Exercise of that power by the legislature is
not therefore an encroachment on judicial power of the court. Provided that it
should not passed with the intent to altered the essence of judgement passed by
the court.
Classification
with reference to the extent of application
1. Public
Statute
Public
Statute is a law that deals with matters of public policy, the nature of such
law may be general, local or personal.
Example: CRPC, IPC, CPC etc.
2. Private
Statute
Private
Statute is a law that deals with individual matters or a class of matters that
have no relation to public affairs.
Example: Contract act, Hindu marriage act etc.
Post written by: Siddharth Sharma.
To Support us:
We hope you found this useful. Support us by Sharing
Your Knowledge or any information. Every contribution toward a goal is
valuable, regardless of how small it may be.
·
You can share your internship experience with In
Light of Law Community, click
here.
·
Write article/ blog/notes/case comments/your Law
School news, click here.
0 Comments