Kinds of Statutes in Law

Interpretation of Statutes

1. TOPIC - KINDS OF STATUTE SUBMITTED TO- SUBMITTED BY- PROF. NEERAJ TRIVEDI KHYATI TONGIA BBA. LLB, VI SEM GOVERNMENT NEW LAW COLLEGE, INDORE INTERPRETATION OF STATUTES ASSIGNMENT I

2. INTRODUCTION – WHAT IS A STATUTE? According to Black's law dictionary, "A  Statute is a formal written enactment of Legislative authority that governs a country, state, city or county. The word is often used to distinguish law made by legislative bodies from the judicial decisions of the common law and the regulations used by government agencies".  The Indian Constitution does not use the term "Statute" but it uses the term "law“ which includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law. [Article 13(3)(a)of the Constitution of India] 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.

3. KINDS OF STATUTES A statute may generally be classified with reference to its duration, nature of operation and object as following – A. ON BASIS OF DURATION : Temporary, Permanent B. ON BASIS OF NATURE OF OPERATION : Prospective, Retrospective, Directory, Mandatory C. ON BASIS OF OBJECT : Codifying, Consolidating, Enabling, Disabling, Remedial, Penal, Taxing, Amending, Explanatory, Declatory , Repealing, Curative.

4. A. ON BASIS OF DURATION i . TEMPORARY STATUTE – A temporary Statute is one where its period of operation or validity has been fixed by the statute youth 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when its duration is only for a specified time and it expires on the expiry of the specified time unless it is repealed earlier. ii. 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

5. B. ON BASIS OF NATURE OF OPERATION i . PROSPECTIVE STATUTES – A Statute which operates upon act and transactions which will take place after statute takes effect. Not applicable on acts that occurred before statute coming in effect. ii. RETROSPECTIVE STATUTES – 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. iii. DIRECTORY STATUTES – 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. iv. MANDATORY STATUTES – Mandatory Statutes is one which compels performance of certain things or compels that a certain thing must be done in a certain manner or form.

6. C. ON BASIS OF OBJECT i . CODIFYING STATUTE – A Codifying Statute is one which Codifies the law. The purpose 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. ii. 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. iii. 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. For example- the definition of house property has been amended under the Income Tax (Amendment) Act, 1985 through the judgement of the supreme court.

7. iv. REMEDIAL STATUTES – Granting of new remedies for enforcing one’s rights can be done through the remedial statutes. The purpose is to promote the general welfare for bringing social reforms through the system. These statutes have liberal interpretation and not strict. For example- The Maternity Benefits Act, 1961, The Workmen’s Compensation Act, 1923 etc. v. ENABLING STATUTES- The purpose of this statute is to enlarge a particular common law. For example- Land Acquisition Act enables the government to acquire the public property for the purpose of the public, which is otherwise not permissible. vi. DISABLING STATUTES- It is the opposite of what is provided under the enabling statute. Here the rights conferred by common law are being cut down and are being restrained.

8. vii. TAXING STATUTES – Tax is a form of revenue which is to be paid to the government. It can either be on income that an individual earns or on any other transaction. A taxing statute thus, levies taxes on all such transactions. There can be income tax, wealth tax, sales tax, gift tax, etc. Therefore, a tax can be levied only when it has been specifically expressed and provided by any statute viii. PENAL STATUTES - The offences for various types of offences are provided through these statutes, and these provisions have to be imposed strictly. For example- Indian Penal Code, 1860. ix. EXPLANATORY STATUTES – The term explanatory itself indicates that this type of statute explains the law and rectifies any omission left earlier in the enactment of the statutes. Further, ambiguities in the text are also clarified and checked upon the previous statutes.

9. x. AMENDING STATUTES – The statutes which operate to make changes in the provisions of the enactment to change the original law for making an improvement therein and for carrying out the provisions effectively for which the original law was passed are referred to as amending statutes. For example- Code of Criminal Procedure 1973, amended the code of 1898. xi. REPEALING STATUTES – A repealing statute is one which terminates an earlier statute and may be done in the express or explicit language of the statute. For example- Competition Act, 2002 repealed the MRTP Act. xii. CURATIVE STATUTES – Through these statutes, certain acts which would otherwise be illegal are validated by curing the illegality and enables a particular line of action.

10. Thank you! - Khyati tongia