Law/Sem-V/Interpretation of Statute

Statute:-

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State the nature of statues and their classification. (2008)

A statute is a written law passed by a legislature on the state or federal level.

Statutes set forth general propositions of law that courts apply to specific
situations. A statute may forbid a certain act, direct a certain act, make a
declaration, or set forth governmental mechanism to aid society.
A statute begins as a bill proposed or sponsored by a legislator. If the bill
survives the legislative committee process and is approved by both the
houses of the legislature, the bill becomes law when it is signed by the
executive officer (the President on the federal level or the Governor on the
state level). When a bill becomes law, the various provisions in the bill are
called statutes. The term statute signifies the elevation of a bill from
legislative proposal of law. State and federal statutes are compiled in
statutory codes that group the statutes by subject. These codes are
published in book form and available at law libraries.
In the case, CST Vs Mangal Sen Shamlal, AIR 1975(4) SCC 35, the court
observed that a statute is supposed to be an authentic repository of the
legislative will and the function of a court is to interpret in according to the
intent of those that made it. The legislature as the representative of the
people of a nation or the people of the state expresses its will and such
expression of the will in accordance with constitution provision is a statute.
According to Blacks Law Dictionary, the word Statute denotes an act of
legislature declaring, commanding or prohibiting something i.e., the written
will of legislature. Solemnly expressed according to the forms necessary to
constitute it, the law of the state, may be declaratory or mandatory in
nature. A statute has been made taking into consideration of matters like
promotion of public justice, social gain, public policy, humanist consideration
and the legislature tries its best to avoid any length of litigation regarding its
intention.

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 1. Temporary statute
2. Permanent statute
1. Temporary statute - A temporary statute is one where its period of
operation or validity has been fixed by the statute itself. Such an Act

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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 a temporary Act and is
required to be passed every year.
2. Permanent statute - A permanent statute is one where no such
period has been mentioned but this does not make the statute
unchangeable; such a statute may be amended or replaced by another
Act.
B. Classification with reference to method 1. Mandatory or Imperative or Obligatory Statute
2. Directory or Permissive Statute
1. Mandatory or imperative or Obligatory statute - A mandatory
statute is one which compels performance of certain things or compels
that a certain thing must be done in a certain manner or form. A
mandatory provision has to be strictly observed
2. Directory or permissive statute - A directory statute merely directs
or permits a thing to be done without compelling its performance.
Substantial compliance of a directory provision is enough.
C. Classification with reference to object - A statute may be classified
with reference to its object as:
1. Codifying statute.
8. Taxing statute.
2. Consolidating statute.
9. Explanatory statute.
3. Declaratory statute.
10.
Amending statute.
4. Remedial statute.
11.
Repealing statute.
5. Enabling statute.
12.
Curative or validating
6. Disabling statute.
statute.
7. Penal statute.

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1. Codifying statute - A codifying statute is one which codifies the law,

or in other words, which purports (signifies; intent; aims) to state
exhaustively the whole of the law upon a specific subject. The code
contains the pre-existing provisions in different statutes on the subject
as well as the common law on it.
14.
15. For example; The Bills of Exchange Act, 1882 in England is an Act to codify the
law relating to Bills of Exchange, Cheques and Promissory Notes.
The Hindu Succession Act, 1956 is a codifying statute with
respect to intestate succession among Hindus.
16.
17. The purpose of a codifying statute is to present an orderly and
authoritative statement of the leading rules of law on a given subject
whether those rules are to be found in statute law or common law.
18.
2. Consolidating statute - A consolidating statute is one which
consolidates (combines) 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.
19.
20. For example; In England, the Law of Property Act, 1925 which consolidated the
Acts of 1922 and 1924 (Act No. 2 of 1974) is a consolidating Act.
In Australia, the New South Wales Justices Act, 1902 is a
consolidating Act.
In India, the Code of Criminal Procedure, 1974 is a consolidating
statute relating to criminal procedure.
21.
22. The purpose of a consolidating Act is to present the whole body
of statutory law on a subject in a complete form repealing the earlier
Acts, However, a consolidating Act may not be a mere compilation of
earlier statutes.
23.
3. Declaratory statute - A declaratory statute is a statute to remove
doubts either in the common law or in the statutory law. Passing of a
declaratory statute becomes desirable when certain expressions in
common law or statutes are being misunderstood.
24.
25. This may happen, for example;-, where the courts have been
interpreting a particular expression as connoting (signifying) a specific
meaning which the legislature feels is a wrong notion (concept; idea) of
the expression. In such a case, the legislature may pass a declaratory
statute declaring the correct meaning of that expression thereby
setting at rest the controversy about the correct meaning of the

expression. Mere use of the expression it is hereby declared does not

necessarily make the statute a declaratory statute. Generally, a
declaratory statute contains a preamble and also the word declared as
well as the word enacted.
26.
27. The main object of such an Act is to remove doubts as to the
meaning of the existing law, or to rectify an interpretation which the
legislature thinks is wrong. Such a statute does not create substantive
(genuine; real) rights; it simply declares the law as it is and as it had
been at the time when the Act came into force.
28.
29. A declaratory Act has retrospective operation but already
decided matters under the Act cannot be reopened. If, however, during
the pendency of an appeal, a declaratory Act is passed, the appeal will
be decided on the basis of such Act.
30.
31. For example; In England, the, Territorial Waters Jurisdiction Act, 1878 and the
Freshwater Fisheries Act, 1886 are illustrations of declaratory
statutes.
In India, the Income Tax (Amendment) Act, 1985 which added
explanation 2 to Section 40 of the Income Tax Act, 1961 and the
Finance Act, 1987 amending the definition of Owner of house
property in Section 27 are declaratory Acts.
32.
4. Remedial statute - A remedial statute is one whereby a new favour
or a new remedy is conferred. The main object of passing such a
statute is to make improvements in the enforcement of one's rights or
for redress of wrongs and remove defects or mistakes in the former
law. Of late, another synonymous expression, viz., socio-economic
legislation, is being preferred by many.
33.
Some illustrations of remedial statutes are the Maternity Benefits
Act, 1961 and the Workmen's compensation Act, 1923.
34.
35. In many remedial Acts the words for remedy whereof have
been used immediately before the language of the enactment. Some
people including Blackstone hold the view that remedial statutes could
be enlarging as well as restraining. The Acts could be enlarging when
narrow common law was widened or restraining when existing common
law right was cut down. It is probably true that all legislations in a
welfare State is enacted with the object of promoting general welfare,
but certain types of enactments are more responsive to some urgent
social demands and also have more immediate and visible impact on
social vices by operating more directly to achieve social reforms. A

5.

6.

7.

8.

remedial statute receives liberal construction and doubt is resolved in

favour of the persons for whose benefit the statute is enacted.
36.
Enabling statute - 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. By an enabling Act the legislature
enables something to be done. It empowers at the same time, by
necessary implication (suggestion), to do the indispensable (essential;
requisite; obligatory) things for carrying out the object of the
legislation.
37.
38. Acts authorising compulsory acquisition of land for public benefit
of for legalising public or private nuisance are example;-s of enabling
statutes.
39.
40. The conditions which have been put by an enabling Act for the
public good must be complied with as they are indispensable
(essential; requisite; obligatory). Such a statute grants power to make
rules etc. to carry out the purposes of the Act and these rules may
provide for a number of enumerated matters in particular and without
prejudice (bias) to the generality of the foregoing provision. Sections
49-A (1) and 49-A (2) of the Advocates Act, 1961 as amended by Act 21
of 1964 is an illustration of this kind.
41.
Disabling statute - A disabling statute is one which restricts or cuts
down a right conferred by the common law. An Act restraining a
common law right is a disabling Act.
42.
Penal statute - A penal statute is one which punishes certain acts or
wrongs. Such a statute may be in the form of a comprehensive criminal
code or a large number of sections providing punishments for different
wrongs.
43.
44. Some example;-s of such statutes are the Indian Penal Code,
Arms Act, 1959, Prevention of Food Adulteration Act, 1954 etc.
45.
46. The penalty for the disobedience of the law may be in the form of
fine, forfeiture of property, imprisonment and even death. Where
obedience to law is enforced not by an individual action but by a
command of the law in the form of punishment, the statute is penal. A
penalty can be imposed only when the letter of the law says so
unambiguously (clear or definite in meaning) and any doubt has to be
resolved in favour of the alleged offender.
47.
Taxing 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. The object of such a
statute is to collect revenue of the government. Tax is levied for public
purpose. It is a source of revenue generation for the State. The money
so collected is utilised for welfare activities of the people. Tax can be
levied only when a statute unequivocally (unmistakably; clearly) so
provides by using express language to that effect and any doubt is
resolved in favour of the assesses.
48.
9. Explanatory statute - An explanatory statute is one which explains a
law. Such a statute is generally enacted with a view to supply an
apparent omission or to clarify ambiguity (having an obscure or double
meaning) as to the meaning of an expression used in a previous
statute. An Act enacted for the express purpose of explaining or
clearing up doubts as to the meaning of a previous Act is an Act of
explanation or an explanatory statute.
49.
50. For example; The Royal Mines Act, 1688 in Britain was passed to encourage
mining certain base metals while the Royal Mines Act, 1963 was
enacted for better explanation of the earlier Act. The latter is an
example of explanatory statute.
51.
10.
Amending statute - An amending statute is one which makes
an addition to or operates to change the original law so as to effect an
improvement therein or to more effectively carry out the purposes for
which the original law was passed. An amending statute cannot be
called a repealing statute. It is part of the law it amends.
52.
53. For example; Direct Taxes Amendment Act, 1974,
Direct Tax Amendment Act, 1986,
Direct Tax Laws Amendment Act, 1987,
Taxation Laws Amendment Act, 1962,
Taxation Laws Amendment Act, 1970,
Taxation Laws Amendment Act, 1984,
Criminal Law (Amendment) Act, 1983 and
Land Acquisition (Amendment) Act, 1984.
54.
11.
Repealing statute - A repealing statute is one which repeals an
earlier statute. This revocation or termination may be by express or
explicit language of the statute or it may be by necessary implication
also.
55.
56. For example;-

 The Hyderabad District Municipalities Act, 1956 was a repealing

Act which repealed the Hyderabad Municipal and Town
Committees Act, 1951.
The Code of Criminal Procedure, 1973 (Act No. 2 of 1974)
repealed and re-enacted the Code of Criminal Procedure, 1898.
57.
12.
Curative or validating statute - A curative or validating
statute is one which is passed to cure defects in prior law, or to
validate legal proceedings, instruments or acts of public and private
administrative authorities which in the absence of such an Act would
be void for want of conformity with existing legal requirements, but
which would have been valid if the statute had so provided at the time
of enacting.
58.
59. The purpose of a validating statute is to remove the cases of
ineffectiveness or invalidity of actions or proceedings which are
validated by a legislative measure. A validating legislation normally
contains the expression notwithstanding any judgment, decree or
order of any court. The purpose of such an expression is to validate
some actions which would otherwise be unlawful or which may have
been declared invalid by a court.
60.
61. A natural consequence of the passing of a curative Act may be
the validation of such actions, which would otherwise be invalid, up to
the extent of the validation by the legislature. The result of the
validation is that notifications or other steps taken which may
otherwise have been invalid become valid.
62.
D. Classification with reference to the extent of application 1. Public Statute
2. Private Statute
63.
1. Public statute - A public statute is one which relates to a matter of
public policy. Such a statute may be general, local or personal in
nature.
64.
2. Private statute - A private statute concerns with matters which are
individual in nature or is related to a body which has no public
consequence.
65.
66.
67.
68.