Classification of Statutes –
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Introduction
Classification of Statutes –
A. Classification with reference to duration
- Temporary Statute,
- Permanent Statute
- Temporary Statute,
A temporary law is one whose period of validity is fixed by the law itself. Such a law remains valid only for the period specified above or until it is repealed midway. After the expiry of the law, if the legislature wants to continue with this law, then a new act is required.
The Finance Act is a temporary act that has to be passed every year.
- Permanent Statute
Permanent law is one in which time is not fixed like above. This does not mean that such a law is immutable. Such law may be substituted or amended by any other Act.
Classification of Statutes
B. Classification with reference to method
- Mandatory, Imperative or Obligatory Statute,
- Ditectory or Permissive Statute
- Mandatory, Imperative or Obligatory Statute,
Mandatory law is the law that obliges to do certain things or obliges to perform a certain task in a particular way. Strict observance of a mandatory provision is mandatory.
- Ditectory or Permissive Statute
Directive law merely directs that some act be done but does not compel it to do so. Substantial compliance with the directive provision is sufficient.
Classification of Statutes
C. Classification with reference to object
- Codying Statute
- Consolidating Statute
- Declaratory Statute
- Remedial Statute
- Enabling Statute
- Disenabling Statute
- Penal Statute
- Taxing or Fiscal Statute
- Explanatory Statute
- Amending Statute
- Repealing Statute
- Curative or Validating Statute
- Codying Statute
Codifying law is the law that encapsulates the law or clarifies the law in its entirety on a particular subject. In the code, various laws related to the subject, pre-existing provisions and general law related to the subject are mentioned. The purpose of codifying law is to present a systematic and authoritative statement of the principal rules of law on a subject whether that rule of law is in law or in common-law. such as the Hindu Succession Act 1956.
- Consolidating Statute
Consolidating Statute is the law which consolidates the law on a particular subject into one place, it stores all the statutory enactments on that subject and, if necessary, gives them the form of a law with minor amendments. The purpose of the Consolidating Statute is to present a complete Act on a subject by repealing all the earlier Acts. But it is not necessary that a Consolidating Statute should be a mere compilation of the earlier laws.
As -Criminal Procedure Code 1973
- Declaratory Statute
Declarative Statute is a law that takes away the doubts of ordinary or legal law. When certain expressions are misinterpreted, it becomes necessary to pass a declarative law. It can also happen when the court takes a particular expression in a sense which is wrong according to the legislature.
In such a case the legislature can pass a Statute giving proper meaning so that the dispute concerned by the proper meaning of the expression is settled. The mere expression “it is declared” does not necessarily make a law declarative.
Often a declarative Statute consists of a preamble, the word to be declared, and the word enacted. The main object of such an Act is to remove doubts relating to established law or, to amend the interpretation which the legislature considers to be incorrect. Such a law does not create a substantive right. It merely declares the law as the case may be, and the law in force at the time of operation of the Act. The effect of a declaratory Statute is retrospective but cases pre-decided under the Act cannot be opened. If a declaratory Statute has been passed during the pendency of the appeal, the appeal shall be decided on the basis of such declarative Statute.
In India, the Income Tax Amendment Act, 1885 by which Explanation 2 was added to section 40 of the Income Tax Act, 1961 and the Finance Act, 1987 by which the definition of ‘owner of house property’ in section 27 has been amended.
- Remedial Statute
Remedial Statute is the law by which a new remedy is provided. The main purpose of passing such a law is to improve the enforcement of one’s right or to rectify the mistakes and defects of the previous law. Nowadays a second synonym is used by many scholars for the remedial law ‘socioeconomic legislation’. Maternity Benefit Act, 1961. Employees Compensation Act, 1924. There are examples of remedial laws. Remedial laws can be both extensional and obstructive.
Acts will be extensional when narrow common law is expanded and obstructive when existing common law authority is curtailed.
The liberal interpretation of remedial law is done from a liberal point of view and any doubts are resolved in favor of the persons for whose benefit that law has been made.
- Enabling Statute
Enabling Statute is the law that extends the common law to where it is limited. It legalizes an otherwise illegal act. By such a law the legislature enables the doing of any business. At the same time, this law is also necessary for the necessary work to be done for the purpose of the legislature.
By such a law the legislature enables the doing of any business. At the same time, this law also enables the necessary implication for the necessary work to be done for the purpose of the legislature. An Act authorizing the compulsory acquisition of land for public interest or an Act legalizing public or private nuisance is an enabling Act. Compliance with the conditions imposed by the enabling Act in the public interest is mandatory.
Enabling legislation provides for making rules, powers, etc., for carrying out the purposes of the Act, and without prejudice to the generality of the preceding provision, these rules deal with a number of specific enumerated matters.
- Disenabling Statute
A disabling statute is a law that restricts or abrogates a right obtained under ordinary law. An act blocking a common law right is a disabling act.
- Penal Statute
Penal Statute is the law that punishes certain actions or wrongs, this law is in the form of a comprehensive penal code or many sections in which there is a provision of punishment for various wrongs, such as – Indian Penal Code, 1860, Arms Act, 1959 etc. Punishment for disobeying law can be in the form of fine, forfeiture of property, imprisonment and death. When the disobedience of law is not enforced by personal action but is punished by command of law, then such law is penal law.
- Taxing or Fiscal Statute
Taxing Statute is the law that imposes tax on income or certain types of transactions. It can be in the form of income tax, wealth tax, sales tax, donation tax. The purpose of such a law is to collect revenue for the government. Tax is levied for public purpose. By doing this the state raises resources for itself. The money collected in this way is spent in the works of public welfare. Tax can be levied only if the law clearly so states and if there is any unambiguity in this regard, the same shall be set aside in favor of the assessee.
- Explanatory Statute
Explanatory Statute is a law that explains law. Such a law is often enacted to satisfy any people or to remove the doubt of an expression used in a previous law. Explanatory Act is called as in England- the Royal Mines Act, 1686 was passed to encourage the mining of certain baser metals while the Royal Mines Act – 1693 was passed for a better interpretation of the above former Act. went.
- Amending Statute
An amending law is one which adds to or changes something originally passed in order to rectify it or to fulfill its purpose more effectively. Such an amending law cannot be called a repeal law. It is only the law to be amended.
- Repealing Statute
A Repealing Statute is a law that repeals a previously enacted law. Such repeal can be either explicitly or implicitly by the language of the law. For example, the Code of Criminal Procedure, 1973 is a repealed Act by which the Code of Criminal Procedure, 1898 was repealed.
- Curative or Validating Statute
A curative law is one which is passed to cure a defect in the previous law or to validate the legal process, or to give legal recognition to the actions of public or private administrative authorities and if it had not been done then such action would be void. The purpose of legitimizing law is to remove the ill-effect or illegality of actions or procedures that have been legally valid. Such law often refers to the expression “notwithstanding any adjudicating judgment, decree, or order of any court”. The object of such expression is to legitimize such acts which would otherwise have been illegal or which could have been declared illegal by a court of law.
Classification of Statutes
D. Classification with reference to the extent of application
- Public Statute
- Private Statute
- Public Statute
Public Statute is a law that deals with matters of public policy, the nature of such law may be general, local or personal.
- Private Statute
Private Statute is a law that deals with individual matters or a class of matters that have no relation to public affairs.
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