Statute Law Explained: Definitions and Classifications
What is a Statute?
A statute means any law, act, or enactment. Parliament is given the authority of lawmaking. According to Black’s Law Dictionary, “A statute is a formal written enactment of legislative authority that governs a country, state, city, or county.” In simple words, it is a law, enactment, or act.
According to Gray, the process by which a judge (or indeed any person, lawyer, or layman who has occasion to search for the meaning of a statute) constructs from the words of a statute book a meaning which he either believes to be that of the legislature or which he proposes to attribute to it, is called interpretation.
Types and Classification of Statutes
There are several types of statutes, such as temporary, perpetual, consolidating, codifying, fiscal, remedial, penal, and declaratory statutes. Generally, statutes can be classified with reference to their duration, method, object, and extent of application.
Classification by Object
Declaratory Statutes
A declaratory statute may be defined as an act to remove doubts existing as to the common law, or the meaning or effect of any statute. Such acts are held to be retrospective. This may happen, for instance, where the courts have been interpreting a particular expression as connoting a specific meaning which, in the opinion of the legislature, is a wrong notion of the expression. In such a case, the legislature may pass a declaratory statute declaring the correct meaning of that expression, thereby setting aside the controversy regarding its correct meaning.
Codifying and Consolidating Statutes
Codifying Statutes
A codifying statute is one which presents a detailed authoritative statement of the rules of law on a given subject. The object is not merely to declare the law upon some particular subject but to declare it in the form of a code.
Consolidating Statutes
A consolidating statute is one which presents the whole body of statutory law on a subject in complete form, repealing former statutes. It consolidates laws on a particular subject in one place. The main purpose of a consolidating statute is to present the entire body of statutory law on a subject in a complete form, repealing the former statute.
Remedial Statutes
Remedial statutes are those which provide a remedy for a wrongful act in the form of damages or compensation to the aggrieved party but do not make a wrongdoer liable for any penalty. These types of statutes are beneficial to the weaker sections of society. They are directed towards extending a certain benefit to a particular class of society. Therefore, they are also called welfare legislation. Examples include the Industrial Disputes Act, 1947; the Workmen’s Compensation Act, 1923; and the Consumer Protection Act, 1986.
Enabling Statutes
An enabling statute is one which enables something to be done. It basically gives the power to do something.
Amending Statutes
As we all know, an amendment means a change in the existing law. A law is amended when it is, in whole or in part, permitted to remain, and something is added to or taken away from it, or it is in some way changed or altered to make it more complete or perfect, or to make it suitable to accomplish the purpose for which it was made.
Repealing Statutes
A repealing statute is one which repeals a statute that already exists.
Taxing Statutes
A tax is imposed for the public purpose of raising general revenue for the state. A taxing statute is to be strictly construed.
Penal Statutes
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 punishment for different wrongs. Examples include the Criminal Procedure Code and the Indian Penal Code. The penalty for disobedience may be in the form of a fine, forfeiture of property, imprisonment, or a death sentence.
Classification by Method
Mandatory or Directory Statutes
Mandatory Statutes
A mandatory statute may be defined as one whose provisions or requirements, if not complied with, will render the proceedings to which it relates illegal and void.
Directory Statutes
A directory statute is one where non-compliance will not invalidate the proceedings to which it relates.
Classification by Duration
Temporary and Permanent/Perpetual Statutes
Temporary Statutes
These types of statutes are in existence for a known period; such statutes are called temporary statutes. The life period of the statute is fixed. In simple words, for this type of statute, the period of operation is fixed by the statute itself, making the statute temporary in nature.
Permanent/Perpetual Statutes
When no time period is fixed, the statute is permanent in nature. The dictionary meaning of the term ‘perpetual’ is “forever.” Therefore, perpetual statutes are those which remain in force forever. These statutes come to an end only when they are abolished by the legislature itself by way of enacting another statute.