KINDS OF STATUTES

CODIFYING STATUTE

Codification is the act of putting a body of laws, related to each other

as to avoid inconsistency and overlapping of code. Codifying means

consolidating entire law on particular subject, into code. It organises

and systemizes the statute. Codification has to be done for a

legislative enactment.

• A codifying statute states in detail the whole of the law upon a

particular subject, the draftsman attempting to include in his code

both the pre-existing statutory provision and also the common law

(uncodified law) rules.

• Codification is the latest device to bring about harmony, simplicity,

accessibility, uniformity and symmetry in the legal principles.

• The purpose of codifying statute is to present in orderly and

authoritative statement of leading rules of law on a given subject.

• Example: Hindu Succession Act, 1956 is a codified statute with

respect to intestate succession among Hindus.

• Paton / Codification is possible in two types of countries:

1. First, a country with well-developed systems where the possibility

of further development is remote

2. Secondly, a country with underdeveloped systems which cannot

grapple with the new economic problems.

CONSOLIDATING STATUTE

To consolidate means to combine into single whole. With regard

to legislation, it means, where law is scattered in different Acts to

combine all such Acts into one Act by repealing all former statutes.

• 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 purpose of consolidating statute is to present the whole body

of statutory law on a subject in complete form, repairing the former

one.

• Consolidating Act may be an amending Act. This additional purpose

is usually indicated in the preamble or in the long title by use of

words “An Act to consolidate and amend”.

• EXAMPLE: (1) Arbitration and Conciliation Act,1996 – An Act to

consolidate the law on Arbitration in India – Arbitration Act 1940,

Arbitration (Protocol and Convention) Act,1937, Foreign Awards

(Recognition and Enforcement) Act,1961. (2) Cr. P.C

MANDATORY/ IMPERATIVE/ OBLIGATORY STATUTE

• A mandatory statute is one which compels performance of

certain things or compels that a certain thing must be done in a

certain manner or form.

• A mandatory provision in a statute is one which must be observed,

as distinguished from a directory provision, which leaves it optional

with the department or officer to which it is addressed to obey it or

not, as it thinks fit.

• When a duty is created by a statute and there is no option but to

do it in the manner prescribed by the statute, it is imperative in

nature.

• Examples:

Taxing Statutes

Environment Protection Act, Rules.

DIRECTORY STATUE OR PERMISSIVE STATUTE

• A directory statute merely directs or permits a thing to be done

without compelling its performance and it is sufficient if it be

obeyed or fulfilled substantially.

• A complete non-compliance of a directory provision has been

held in many cases as not affecting the validity of the Act.

Therefore, directory requirements fall under two heads:

1. Those, which should be substantially complied with to make

the Act valid.

2. Those, which even if not at all complied will have no effect on

the validity of the Act.

• In some cases, the conditions or forms prescribed by the statute

have been regarded as essential to the Act or thing regulated by it

and their omission has been held fatal to its validity.

• In others, such prescriptions have been considered as merely

directory, the neglect of them involving nothing more than liability

to a penalty, if any, were imposed, for breach of the enactment.

• Therefore, where a statute prescribes certain formalities to be

completed, but which are not essential and may be regarded

disregarded without invalidating the thing to be done are called

directory.

• Examples: Labour Laws, Water Facility, Toilet Facility etc.

DECLARATORY ACT

A declaratory statute is to remove doubts as to the meaning of

existing law and to correct a construction considered erroneous by

the legislature. This may happen, for instance, where the courts

have been interpreting a particular expression as connoting a

specific meaning which the legislature feels 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 at rest, the controversy about the correct meaning of the

expression.

ENABLING STATUTE

• A statute which makes it lawful to do something which would

not otherwise be lawful, is called an enabling statute.

• It is one which enlarges the common law where it is narrow. By

an enabling Act, the legislature enables something to be done.

• It empowers at the same time by necessary implication to do

the indispensable things for carrying out the object of the legislation.

• One of the principles of the law with regard to the effect of an

enabling Act is that, if the legislature enables something to be done,

it gives power at the same time by necessary implication to do

everything which is indispensable for the purpose of carrying out the

purpose in view.

• Example: The acquisition of land for public benefit is an

enabling statute. Whenever legislature gives power to the public

body to do anything of a public character, the legislature must also

give to the public body all rights without which the power would be

wholly unavailable.

TAXING STATUTES

Introduction-

• Article 265 of the Constitution of the India provides “No tax

should be levied or collected except by authority of law”

• Article 366(28) of the Constitution of India defines Taxation and

reads, “Taxation includes the imposition of any tax whether general

or local or special and tax shall be construed accordingly”.

• According to Adam Smith, a Scottish Philosopher, there are four

famous maxims on taxation:

[Link] of equality: The subjects of every state ought to

contribute towards the support of the government, as nearly as

possible in proportion to their respective abilities, that is, in

proportion to the revenue which they are respectively enjoying

under the protection of the state.

[Link] of certainty: The tax which an individual is bound to pay,

ought to be certain and not arbitrary. The time of payment, the

manner of payment, the quantity to be paid, must be be clear and

plain to the contributor and to every other person.

[Link] of convenience: Every tax ought to be so levied at the

time or in the manner in which it is most likely to be convenient for

the contributor to pay it.

4. Canon of economy: Every tax ought to be as little as possible

over and above what it brings into the public treasury of the state.

Sr.

No. Consolidating Statute Codifying Statute

A codifying statute is which

consist exhaustively the entire

of the law upon a particular

Consolidating statutes is a subject, the draftsman

statute which collects the attempting to comprise in which

statutory provisions relating code both the pre-existing

to given subject-matter, and statutory provisions and also,

embodies them in a single rules relating to the matters.

Act of Parliament. It does not Codifying statute systematizes

1. contain the case law. case law as well as statutes.

 It presents the whole body of It presents an orderly

statutory law on the subject statement of the main rules of

2. of repeal of a previous law law on a given subject.

Consolidating statute should A codifying statute should be

be interpreted according to interpreted according to the

the normal canons of normal canons of constructions

constructions and recourse to and recourse to repealed

repealed enactments can be enactments can be taken

taken only to solve any generally to solve any

3. ambiguity. ambiguity.

The primary rule of While constructing the codifying

construction of consolidating Act, the language used in the

statutes is to examine the statute is examined in the

language used in the statute context, but at the same time,

itself without any reference repealed statutes may not be

4. to the repealed statutes. referred.

Former statutes are

5. repealed. Former statutes survive

It is self-contained and

complete.

Judgment may refer to

earlier State of law and the Unless the code is ambiguous or

judicial decisions interpreting silent, the court cannot go

7. repealed Acts. outside the letter of law.

 The Presumption is that the

same words used at different

places in the same Act would

Presumption has no bear the same meaning holds

8. application good and applicable.