Statutes and kinds of
Statutes
What is a Statute?
A Statue means any Law, Act, Enactment. The
Parliament is given authority of Lawmaking. According to
Blacks Dictionary, "A Statute is a formal written
enactment of Legislative authority that governs a country,
state, city. In Simple words, it is the Law, Enactment, Act.
According to Gray, the process by which a Judge (or
indeed any person, lawyer or layman who has occasion to
search for the meaning of a statute) constructs from the
words of Statute book a meaning which he either believes
to be that of a legislature or which he proposes to
attribute to it, is called interpretation.
According to Subba Rao J. "Interpretation is the
method by which the true sense or the meaning of the
word is understood." (State of Jammu and Kashmir V.
Thakur Ganga Singh, 1960 2SCR 346)
Black, Henry Campbell (1990) Black’s Law dictionary ,
sixth edition, defines the term statute as the formal
written enactment of a legislative authority that
governs a country, State. Generally, statutes command
or prohibit something or declare policy.
The word is often used to distinguish law made by
legislative bodies from the judicial decisions of the
common law and the regulations issued by the govt.
agencies.
What are types ofofStatutes?
Constitution India does not define the term Statute ,but it uses
the term ‘law’, which is defined in Article 13 (3)(a) as including
any ordinance, order, bye law, rule, regulation, notification,
custom or usages having in the territory of India the force of law;
laws in force includes laws passed or made by 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commencement of this Constitution and not previously repealed,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
There are Several Types of Statutes, Such as Temporary Statute,
Perpetual Statute, Consolidating Statute, Codifying Status, Fiscal
Statute, Remedial Statute, Penal Statute, Declaratory Statute.
Generally, Statute can be classified with reference to
its duration, Method, Object, and extent of
Application.
A Statute is the will of the Legislature. It may have
the following Particulars -
Short title, Long Title, Preamble, Marginal notes,
Headings of a group of sections or individual sections,
Definition of interpretation
clauses, Provisions, Illustrations, Exceptions and
saving clauses, Explanations, Schedules, Punctuation.
Classification of Statutes -
A statute may generally be classified with reference to its duration method, object, and extent of application.
A. Classification with reference to duration -
Such a mode classifies a statute as -
1) Temporary Statute -
2) Permanent Statute/Perpetual Statute -
Temporary Statute -
A temporary Statute is one where its period of operation or validity has been fixed by the statute itself. A
statute is temporary when its duration is only for a specified time and it expires on the expiry of the specified
time unless it is repealed earlier.
Ex- ordinance
Permanent Statute/Perpetual Statute -
A permanent Statute is one where no such period(like a temporary statute) has been mentioned but this
does not make the statute unchangeable; such a state it may be amended or replaced by another Act. In
simple words, it is perpetual when no time is fixed for its duration and such statute remains in force until it's
repeal which may be express or implied
B. Classification with reference to Nature of operation-
1) Prospective Statutes -
A Statute which operates upon act and transactions which have not occured when the statutes
take effect, that is which regulates the future is prospective Statutes
2) Retrospective Statute -
Every Statute takes away or impairs vested rights acquired under the existing laws or creates new
obligations into a new duty or attaches new disability in respect of transactions or considerations
already passed are deemed retrospective or retroactive statutes.
3) Directory Statute -
Directory statutes merely direct or permits anything to be done without compelling its
performance. It is generally affirmative in its terms recommends a certain act or omissions, but it does
not impose the penalty on non-observance of its provisions.
4) Mandatory Statute -
Mandatory Statutes he is one which compels performance of certain things or compels that a
certain thing must be done in a certain manner or form.
C.
Classification with Reference to Object -
1) Codifying Statute -
A Codifying Statute is one which Codifies the law. The code contains the pre-
existing provision in different statutes on the subject as well as the common law on it.
The purpose of a Codifying Statutes is to present an orderly and authoritative
Statement of the leading rule of law on a given subject whether those rules are to be
found in statute law or common law. Ex- IPC
2) Consolidating Statute -
Consolidating statute is one which consolidates the law on a particular subject at
one place; it collects all statutory enactments on a specific subject and gives them the
shape of one statute with minor amendments if necessary. The main purpose of
consolidating statute is to present the whole body of statutory law on a subject in
complete form repeating the former statute. Trade Union and Labour Relations
(Consolidation) Act 1992.
4) Remedial Statute -
The remedial statute is one whereby new favor or a new remedy is
conferred.
5) Enabling Statute -
Enabling statutes are statutes which enlarges the common law
where it is too strict or narrow. It is a statute which makes it lawful to do
something which would not otherwise be lawful.
6) Disabling Statutes -
This type of statutes restricts or cut down a right conferred by the common
law. An Act restraining a common law right is a disabling Act.
7) Penal Statute -
A Penal statute is one which punishes certain acts or wrong. Examples
- Indian Penal Code1860, Arms Act 1959, Prevention of Food Adulteration
Act 1954 etc.
8) Taxting Statute -
A taxing statute is one which imposes taxes on income or certain other
kinds of transactions. It may be in the form of income tax, wealth tax, gift
tax, sales tax etc.
9) Explanatory Statute -
An explanatory statute is one which explains a law
10) Amending Statute -
It is a statute which makes and addition to or operates to change
the original law as to effect improvement or more effectively carry out the
purpose of for which the original law was passed.
11) Repealing Statute -
A Repealing statute is one which repeals an
earlier statute.
12) Curative for Validating Statute -
It is passed to cure defects in the prior law and to
validate legal proceedings, instruments or act of public
and private administrative powers which in the absence of
which statute would be void for want of conformity with
existing level requirements but which would have been
valid if the Statute has so provided at the time of enacting.
