Classification of Statutes

Statutes or laws, come in different types, each with its unique purpose and impact. This article explores the Classification of Statutes, which involves organising laws into categories based on what they do. Some statutes are designed to correct problems in existing laws, while others impose penalties for wrongdoing.

Some expand what’s allowed, while others clarify unclear rules. There are also statutes that change existing laws or repeal them. Understanding these classification of statutes helps us grasp the diverse roles statutes play in our legal system.

What are Statutes?

The term “Statutes” has a specific legal meaning. As per Black’s Law Dictionary, a “Statute” refers to a formal written rule created by a legislative authority, such as a country, state, city or county. Statutes often dictate what is allowed or not allowed or they lay out official policies. This term is typically used to distinguish laws created by legislative bodies from the judgments made by common law courts and the rules established by government agencies.

In the Indian Constitution, the term “Statute” is not used; instead, the term “law” is employed. According to Article 13(3)(a) of the Indian Constitution, the definition of “law” includes ordinances, orders, by-laws, rules, regulations, notifications, customs or practices that have the power of law within the territory of India.

A Statute, essentially, represents the intent of the legislative body. It may include various components, such as a short title, long title, preamble, marginal notes, section headings, interpretation clauses, provisions, examples, exceptions, saving clauses, explanations, schedules and punctuation. These elements collectively make up the content and structure of a statute.

What is the Classification of Statutes?

Classification of Statutes can be done based on their duration, nature of operation, purpose and scope.

Classification of Statutes by Duration

Temporary Statute: A temporary statute is one that specifies a fixed period of operation and validity within the statute itself. It remains in effect until the specified time elapses unless repealed earlier. If the legislature wishes to extend its effect, a new enactment is required. For example, the Finance Act is a temporary statute, requiring annual reauthorisation.

Permanent Statute: A permanent statute doesn’t have a predefined expiration date. However, this doesn’t make the statute unchangeable. It can be amended or repealed by another act.

Classification of Statutes by Method

Mandatory, Imperative or Obligatory Statute: A mandatory statute compels the performance of certain actions or dictates that specific things must be carried out in a particular manner or form. Non-compliance typically leads to legal consequences.

Directory or Permissive Statute: A directory statute merely provides guidance or permission for actions without compelling their performance. In some cases, statutes prescribe conditions or forms that are considered essential for the regulated action and their omission can render the action invalid. In other cases, these prescriptions are seen as non-binding and failure to follow them might result in penalties if any are stipulated by the statute.

In the case of H.V. Kamath v. Ahmad Ishaque, it was determined that mandatory provisions must be strictly adhered to, while substantial compliance with directory provisions is generally sufficient to meet legal requirements.

Classification of Statues with Reference to Object

Codifying Statute

A codifying statute is one that aims to comprehensively outline the entire body of law on a specific subject. It seeks to provide a thorough and authoritative statement of the key legal rules pertaining to that subject. This includes existing provisions from various statutes on the subject and may also incorporate common law principles.

An example is the Bill of Exchange Act of 1882 in England, which codified laws regarding bills of exchange, cheques and promissory notes. Similarly, the Hindu Succession Act of 1956 in India is a codifying statute that addresses intestate succession among Hindus.

Consolidating Statute

A consolidating statute consolidates all statutory enactments related to a particular subject into a single law, making it easier to access and understand. It brings together existing statutory provisions on the subject, often with minor modifications.

For example, in England, the Law of Property Act of 1925 consolidated the acts of 1922 and 1924. In India, the Code of Criminal Procedure of 1973 is a consolidating statute concerning criminal procedures. Such statutes not only compile earlier laws but also repeal the earlier acts for the sake of clarity.

Declaratory Statute

A declaratory statute is one that clarifies and removes doubts or misunderstandings about the meaning of terms or expressions within the common law or statutory law. When courts have interpreted an expression differently from what the legislature intended, a declaratory statute is passed to set the correct meaning of that expression. In India, the Income Tax (Amendment) Act of 1985, which added explanation 2 to section 40 of the Income Tax Act of 1961 and the Finance Act of 1987, which amended the definition of “Owner of house property” in section 27, are examples of declaratory acts.

It’s important to note that the mere use of the phrase “it is hereby declared” does not automatically make a statute a declaratory statute. A declaratory statute typically contains a preamble and uses terms like “declared” and “enacted” to signal its intent.

Remedial Statute

A remedial statute is a kind of law that offers new help or a new solution. Its main purpose is to improve how rights are protected and address problems or errors in the old law. Examples of remedial statutes include the Maternity Benefits Act of 1961 and the Workmen’s Compensation Act of 1923. In these laws, you’ll often find the phrase “for remedy whereof” right before the actual law.

Blackstone, a legal scholar, thought that remedial statutes could either expand or limit rights. They could expand rights when they made the law more generous or they could limit rights when they restricted existing legal rights. In a case called Central Railway Workshop, Jhansi v. Vishwanath, the court decided that all laws in a welfare state aim to promote general well-being. Some laws are more responsive to urgent social needs and have a more direct and noticeable impact on fixing social problems.

Enabling Statute

An enabling statute is a law that allows something that was previously forbidden, with or without specific rules on how to do it. It widens the scope of what’s allowed under common law. An enabling statute makes an action lawful, even if it wouldn’t be otherwise.

In a case called Bidi, Bidi Leaves and Tobacco Merchants Association v. State of Bombay, the court explained that an enabling act not only permits something to happen but also gives the necessary authority to do what’s needed to achieve the law’s goal. Any conditions set by an enabling statute for the public good must be followed because they are essential. An example is Section 49-A(1) and 49-A(2) of the Advocates Act of 1961, as amended by Act 21 of 1964.

Disabling Statute

A disabling statute is one that limits or reduces a right granted by common law. It’s a law that restricts a common law right.

Penal Statute

A penal statute is a law that punishes certain actions or wrongdoings. This type of law can be in the form of a detailed criminal code with many sections that define punishments for different wrongs. For example, the Criminal Procedure Code, the Indian Penal Code, the Prevention of Food Adulteration Act of 1954 and the Arms Act of 1959 are all examples of penal statutes.

Penalties for breaking these laws can include fines, the loss of property, imprisonment or even the death penalty. When the law enforces obedience not through individual lawsuits but by imposing punishments as commanded by the law, it’s considered a penal statute. Penalties can only be imposed when the law explicitly states so and any doubts should benefit the accused.

Taxing Statute

A taxing statute is a law that imposes taxes on income or certain types of transactions. Examples include income tax, wealth tax, sales tax and gift tax. These taxes help the government collect money to support public welfare. However, it’s essential that a statute clearly states that taxes must be paid and any doubts about this should benefit the person being taxed.

Explanatory Statute

An explanatory statute is a law that explains another law. It’s created to fill in gaps or clarify confusing parts of a previous law. An explanatory statute aims to make the meaning of an expression used in an earlier law clearer. For instance, in Britain, the Royal Mines Act of 1688 was passed to encourage the mining of certain base metals. The Royal Mines Act of 1963 was enacted to provide a better explanation of the earlier law.

Amending Statute

An amending statute is a law that adds to or changes the original law to improve it or better achieve its original purpose. It doesn’t cancel out the old law; it becomes part of it. Examples include the Direct Taxes Amendments Act of 1974 and the Land Acquisition (Amendments) Act of 1984.

Repealing Statute

A repealing statute is a law that cancels out an earlier law. It can do this explicitly by saying so in the statute or implicitly through its language. For example, the Hyderabad District Municipalities Act of 1956 repealed the Hyderabad Municipal and Town Committees Act of 1951.

Curative or Validating Statute

A curative or validating statute is one passed to fix problems in a previous law or to make legal proceedings, documents or actions valid, even if they didn’t meet the legal requirements. These statutes often include phrases like “notwithstanding any judgment, decree or court order.” They’re meant to make previously unlawful actions legal or to overturn court decisions.

In a case involving Amarendra Kumar Mohapatra and others v. State of Orissa and others, the Supreme Court of India explained that while deciding legal rights is a job for the courts, only the legislature can pass laws to validate illegal actions or laws. However, when the validity of a validating law is in question, the court must consider three things:

• Whether the law fixes the problems that made the action or law invalid.
• Whether the legislature had the authority to validate what was declared invalid before.
• Whether the validation respects the rights guaranteed by the constitution. A validating law is effective only if the answers to these three questions are “yes.”

Conclusion

The classification of statutes refers to the categorisation of laws based on their distinctive characteristics or purposes. Statutes can be grouped into various categories depending on their intent, effect or content. Common classifications include remedial statutes, which aim to correct legal flaws and penal statutes, which outline punishments for specific actions.

Enabling statutes expand legal permissions, while explanatory statutes clarify unclear provisions in prior laws. Amending statutes modify existing laws and repealing statutes annul or replace earlier regulations. Curative or validating statutes rectify legal defects. These classifications aid in understanding and interpreting the diverse functions and implications of statutory law.