Meaning of Statutes - 


    According to Black's law dictionary, "A  Statute is a formal written enactment of Legislative authority that governs a country, state, city or county. Typically 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 used by government agencies". 

The Indian Constitution does not use the term "Statute" but it uses the term "law". 

According to Article 13(3)(a) 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]


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 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when its duration is only for a specified time and it expires on the expiry of the specified time unless it is repealed earlier.

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.

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.
3) Declaratory Statute

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.

See also...


1. Difference between warrant and summons | Criminal Law

2. Movable Property | Interpretation of Statute

3. Shares: Meaning and Kinds of Shares | Company Law

4. Power and Functions of SEBI (The Securities and Exchange Board of India)

5. Distinction/Difference between Arrest and Custody


0 comments:

Post a comment

See Also..