UNIT -1

Legislation, Merits, and Demerits in Interpretation of Statutes

Legislation refers to the process of making, enacting, and enforcing laws by a legislative body,
such as a parliament or congress. It is a formal means through which laws are created and
structured to regulate society. Legislation can be:

 Primary Legislation – Laws made directly by the legislature (e.g., Acts, Statutes).
 Secondary Legislation – Rules and regulations made by authorities under powers given
by primary legislation.

MERITS

1. Clarity and Certainty – Written laws provide clear guidance, making it easier for courts
and individuals to understand their rights and obligations.
2. Uniformity – Laws apply equally to all, ensuring consistency in legal interpretation.
3. Predictability – Since laws are codified, individuals and businesses can anticipate legal
outcomes.
4. Authority and Stability – Legislations are backed by the state's authority, ensuring
enforceability.
5. Democratic Process – Laws are enacted through a structured process, ensuring
representation and accountability.

DEMERITS
1. Rigidity – Laws may become outdated and may not adapt to changing societal needs
without amendments.
2. Complexity – Some statutes contain technical language, making them difficult to
interpret.
3. Ambiguity and Vagueness – Certain laws may be open to multiple interpretations,
leading to legal disputes.
4. Judicial Discretion – Different judges may interpret the same law differently, affecting
uniformity in decisions.
5. Delay in Amendment – The legislative process to update or modify laws can be slow
and time-consuming.
KINDS OF STATUTES

[Link] on the basis of method:

a)Mandatory statute
A mandatory statute is a statute which compels the performance of certain things or compels
certain things must be compulsorily be completed in a prescribed form, examples: tax law, traffic
law, contract law.

b)Directory statute
A directory statute is a statute which only directs or indicates what is to be done and no
provisions for its enforcement will be provided, for example insisting accessibilities for the
disablem providing healthy food for schools.

[Link] on the basis of reference to method:

a)Codifying Statute
The act which have to be codified, example: Hindu Succession Act, 1956(The purpose of this
kind of statute is to give an authoritative statement of the rules on the law.

b)Consolidating Statute
The kind of statute covers and combines all law on a particular subject.

c)Declaratory Statute
This kind of statute does an act of removing doubts, clarifying and improving the law based on
the interpretation given by the court, which might not be suitable from the point of view of the
parliament.

d)Remedial Statute
Granting of new remedies for enforcing one’s rights can be done through the remedial statutes.

e)Taxing Statute
A taxing statute levies taxes on transaction, there can be income tax, wealth tax, sales tax, gift
tax, etc.

f)Explanatory Statute
The term explanatory itself indicates that this type of statute explains the law and rectifies any
omission left earlier in the enactment of the statute.

g)Amending Statute
The Statute which operate to make change in the provisions of the enactment to change the
original law.

h)Repealing Statute
A repealing statute is one which terminates earlier statute and may be done in the express or
explicit language of the statute.

i)Curative Statute
Through these Statutes, certain acts which would otherwise be illegal are validated by curing the
illegality and enables a particular line of action.

3)Classification on the basis of extent of application

a)Public Statute
This statute relates to a matter of policy, this may be general, local or personal in nature.

b)Private Statute
A private Statute concerns with matters which are individual in nature or is related to a body
which has no public consequence.

4)Classification with reference to duration

a)Temporary Statute
A temporary statute means a statute passed for a particular period or specific purpose or
restricted a short period. If the legislature desires to increase or decrease validation of an act,
then it can do so through a new statute, for example: Financial year, this act is active for only one
year.

b)Permanent Statute
This Statute has no specified time period is fixed. This Statute continues to be in force until is
repealed or replaced by new act. Even some of the provisions are added or deleted or omitted by
the legislature the enactment will be in force until the same was replaced with new enactment.
Example: Indian Evidence Act, Contract Act, Transfer of Property Act 1882.