Classification Of Statutes-Law Notes-Interpretation of Statutes
Introduction
Statutes can be defined as ‘The art of finding out the true sense of any form of words’. It’s a will of the legislature. Statutes or laws are enacted with different purpose based on the subject matter of the specific law. So for interpretation of statutes it’s very important to know the classification of statutes as it gives clue to find out the intention of legislature to enact a law. Statutes are classified on the basis of intention of the legislature to enact a law on a particular subject.
Classification with reference to duration
They can be classified as :
Temporary Statute : A temporary statute is one where its period of operation or validity has been fixed by the statute itself. This statute will continue till such time as may be prescribed. This statutes expires after the date specified. But this type of statutes may be repealed expressively before its last date specified. If not repealed before the duration fixed, it expires. For example, ‘The Finance Act’. They are temporary statutes and is required to be passed every year.
Permanent (or perpetual) Statute : They are the one where no fix period of operation or validity is mentioned. These type of statues continue perpetually without any changes except when they are either amended or repealed in express words.
Classification with respect to method
They can be classified as :
Mandatory, Imperative or Obligatory Statute : This type of statutes compels performance of certain things or they may compel a certain thing to be done in a certain manner or certain form. Non compliance of ‘Mandatory Statutes’ may lead to legal consequences like penalty etc. Mandatory statues or provisions has to be strictly observed. For example, The Indian Penal Code, 1860 (IPC) is replaced by the Bharatiya Nyaya Sanhita (BNS) (2023) and the Criminal Procedure Code, 1973 (CrPC) is replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) (2023). Also Arms Act, 1959.
Directory or Permissive Statute : These types of statutes or provisions are for the purpose of some directions or permissions without compulsion of their performance. They only provide guidance. In sum cases, it may lead to simple penalty that too, if prescribed in the statute.
Classification with reference to the extent of application
They can be classified as :
Private statute : A private statute concerns with matters which are individual in nature or is related to a body which has no public consequence. Private Statutes provide a legal formalities for private relationships and transactions between individuals. They are applicable only to limited individuals who are concerned with the subject. For example, ‘The Indian Contract Act, 1872’.
Public Statute : A ‘Public Statute’ is one which relates to a matter of public policy. Public statutes are applicable to general public. Examples of such statutes are ‘Criminal Laws’ or ‘Administartive Laws’. Intention of such laws is to maintain relations between individual and the government. They help to maintain law and order.
Classification with reference to Object
They can be classified as :
Codfying Statute : A codifying statute is one which codifies the law. We can say that, they are the law upon a specific subject. The purpose of a codifying statute is to present 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. Its purpose is to provide a uniform, consistent, and comprehensive legal framework on a given topic. Codifying statute is a process of oganising and grouping a law in code format. It simplifies the complexities of legal system of legal system. Example of codifying statutes are, The Indian Penal Code, 1860, The Hindu Succession Act, 1956.
Consolidating Statute : A consolidating statute is one which consolidates the law on a particular subject. It’s a collection of all statutory enactments on a specific subject and transform them in the form of one statute with minor amendments wherever necessary. The purpose of consolidating statute is to present a law in complete form repealing the earlier Acts. For example, ‘The Code of Criminal Procedure of 1973’ is a consolidating statute related to criminal procedures. Such statutes not only compile earlier laws but also repeal the earlier acts for having more clarity on that particular subject.
Declaratory Statute : A declaratory statute is a statute to remove doubts either in the common law or in the statutory law. Whenever there is ambiguity or misunderstanding in certain expressions in common law or statutes, passing of declaratory statutes becomes desirable. The main object of declaratory statute is to remove doubts in the existing law or to rectify an interpretation which may be perceived as wrong. In India for example, the Income Tax (Amendment) Act, 1985, which added explanation 2 to section 40 of the Income Tax Act, 1961 is a declaratory statute and the Finance Act, 1987, which amended the definition of “Owner of house property”. These statutes are passed to remove ambiguities or correct misinterpretationsin enacted law.
Remedial Statutes : A remedial statutes are one whereby some remedy or benefit is conferred on certain class of people. The main object of passing such a statute is to make improvements in enforcement of one’s right or for redress of wrongs and remove defects or mistakes in former law. These statutes can also be called as ‘Social Welfare Legislation’, for social welfare. A remedial statute receives liberal construction and doubt is resolved in favour of the persons for whose benefit the statute is enacted. Some examples are like, ‘The Maternity Benefit Act, 1961’, ‘The Worken’s Compensation Act, 1923.
Enabling Statute : An enabling statute is one which enlarges the common law where it is narrow. It makes doing of something lawful which would be otherwise unlawful. By an enabling Act, the legislature enables something to be done. It empowers to do absolute necessary things for carrying out the object of the legislation. For example Acts authorising compulsory acquisition of land for the public good. Such a statute grants power to make rules etc. To carry out the purpose of the Act. Example of enabling statute is ‘Land Acquisition Act’.
Disabling Statute : They can also be called as ‘Restraining 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. Disabling statutes are the opposite of enabling statutes. Section 49A of the Advocates Act, 1961. (Section 49 gives the Bar Council of India the general power to make rules. But Section 49A grants this rule-making authority specifically to the Central Government which allows the Central Government to make rules for efficient operation of legal profession and Bar Council.
Penal Statutes : A penal statutes are those which punishes certain acts or wrongs. These types of statutes may be in the form of large number of sections providing punishments for different offences. The rule to interprete this type of statutes is ‘The Strict Rule of Construction’. Disobedience of penal statutes may be in the nature of fine, forfeiture, imprisonment, even death. Some examples are ‘The Arms Act, 1959’, ‘The Bhartiya Nyaya Sanhita, 2023’.
Taxing Statute : A Taxing Statutes are one which imposes taxes on income or certain other kinds of transactions. Examples of taxes can be given as income tax, wealth tax, sales tax, GST etc. The object of such type of statutes is to collect revenue for the government. Tax is levied for public purpose i.e. to provide facilities to public and welfare of public. The rule to interprete this type of statutes is also, ‘The Strict Rule of Construction’. Which means, tax can be levied only if it undoubtedly falls under the statute and doubt if any may be resolved in favour of assessee.
Explanatory Statute : An explanatory statute is one which explains a law. An Act enacted for the express purpose of explaining doubts as to the meaning of a previous Act is an Act of explanation or ‘explanatory statute’. For example, the Royal Mines Act, 1963 was enacted for better explanation of the earlier Act, the Royal Mines Act, 1688. In India, the Income Tax (Amendment) Act, 1985, which was passed to clarify the definition of “house property” after the judgement of the Supreme Court.
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 or to more effectively carry out the purposes for which the original law was passed. They are different from repealing statute. The Criminal Law (Amendment) Act, 2013 (after ‘Nirbhaya Case’). The 101st Constitutional Amendment Act of 2016 in India, which introduced the Goods and Services Tax (GST).
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 statue or it may be by necessary implication. The Companies Act 2013 repealed The Companies Act, 1956. The Code of Criminal Procedure, 1973 repealed and re-enacted the Code of Criminal Procedure, 1898.
Curative or Validating Statute : A curative or validating statutes are 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. They are essential for giving validity to legal transaction, for giving clarity to interpretation of statutory provisions. A validating legislation normally contains the expression such as notwithstanding any judgement, decree or order of any court. The purpose is to validate some actions which would otherwise be unlawful or which may have been declared invalid by a court.