Explain the classification of statutes.
Answer-02 Classification of Statutes in the Law of
Interpretation of Statutes:
1. Codifying
Statutes
o These
statutes consolidate existing laws into a systematic & organized written
form.
o Example:
The Indian Penal Code, 1860.
2. Consolidating
Statutes
o They
bring together laws on a specific subject, which may have been spread across
different enactments, into a single statute.
o Example:
The General Clauses Act, 1897.
3. Declaratory
Statutes
o These
clarify or state what the law is and remove ambiguities or doubts.
o They are
often enacted when there is a conflict or uncertainty in judicial decisions.
4. Remedial
Statutes
o Enacted
to correct defects or gaps in existing laws or to provide remedies for new
situations. Example: Consumer Protection Act, 1986.
5. Enabling
Statutes
o These
empower an individual or authority to carry out something that would otherwise
not be permissible under existing laws.
o Example:
Statutes granting powers to administrative authorities.
6. Disabling
Statutes
o These
restrict or prohibit certain actions that were previously permissible under the
law. Example: Prohibition laws.
7. Penal
Statutes
o These
impose penalties or punishments for offenses.
o Example:
The Prevention of Corruption Act, 1988.
8. Mandatory
Statutes
o These use
imperative language like “shall” and require strict compliance. Non-compliance
renders an act invalid.
o Example:
Provisions in election laws requiring nomination papers to be filed in a
prescribed manner.
9. Directory
Statutes
o These use
permissive language like “may,” indicating that compliance is not strictly
mandatory but advisable.
o Example:
Procedural timelines in some administrative processes.
10. Taxing
Statutes
o These
deal with the imposition, collection, and regulation of taxes.
o Example:
The Income Tax Act, 1961.
11. Explanatory
Statutes
o Enacted
to explain or clarify previous laws to avoid misinterpretation.
12. Amending
Statutes
o Modify or
change the provisions of an existing law to suit changing circumstances.
o Example:
The Constitution (Amendment) Acts.
13. Repealing
Statutes
o Abolish
or revoke an existing statute, either partially or wholly.
o Example:
Repealing and Amending Acts.
14. Temporary
Statutes
o Enacted
for a specific duration, after which they automatically lapse unless extended.
o Example:
Ordinances issued by the President or Governors.
15. Substantive
Statutes
o Deal with
the creation, definition, or alteration of substantive legal rights and
liabilities.
o Example:
Transfer of Property Act, 1882.
16. Procedural
Statutes
o Govern
the methods or procedures for enforcing legal rights or duties.
o Example:
Civil Procedure Code, 1908.
This classification aids in interpreting statutes based on
their nature, purpose, and application.
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