Q.

1 What is interpretation of statute and explain basic fundamental principles of

interpretation of statute.

Introduction:

Interpretation of statutes is a fundamental aspect of legal practice and jurisprudence.

Statutory interpretation refers to the process of discerning and applying the meaning of laws
enacted by legislative bodies. Given the complexity and nuances inherent in legal texts,
interpreting statutes is not always straightforward. Hence, legal practitioners and scholars have
developed various principles and methodologies to guide the process of statutory interpretation.

Statutory interpretation is crucial in ensuring the proper application and enforcement of laws, as
it directly impacts how statutes are understood and implemented in legal contexts. The
interpretation of statutes is not merely a mechanical exercise but involves a careful analysis of
legislative intent, language, context, and underlying policy considerations.

Need for Rules of Interpretation of Statutes

The interpretation of statutes is crucial for the legal system because it ensures consistency,
predictability and fairness in applying the law. It helps establish legal precedents and principles
that guide future cases and provides clarity to individuals, businesses and government entities
regarding their rights, obligations and responsibilities under the law.

Principles of Interpretation of Statutes

The Courts play a vital role in interpreting statutes and assigning meaning to them in a manner
that makes them practical and usable. However, the courts cannot exercise their interpretative
function arbitrarily, as this would result in numerous interpretations and hinder the administration
of equal justice. To ensure consistency, the Courts have developed certain principles and rules of
interpretation of statutes over time, which have been applied by the Courts on various occasions.
 The rules of interpretation of statutes include the Literal Rule, the Mischief Rule, the
Golden Rule and the Rule of Harmonious Construction.

The Literal Rule of Interpretation of Statutes

The fundamental principle of interpretation is to assign words their natural original and precise
meaning, provided that the words are clear and take into account the purpose of the statute. This
rule states that the provisions should be examined in their literal sense and given their natural
effect. It is also referred to as the Plain Reading Rule, which means that the provisions should be
read as they are without any addition or substitution of words during interpretation.

The essence of the literal rule can be summarised as follows:

“The focus should be on what the law says rather than what the law means.”

However, even when giving such a literal interpretation, the overall purpose of the statute must
be taken into consideration. As quoted by Viscount Haldane, “If the language used has a natural
meaning, we cannot deviate from that meaning unless, when reading the statute as a whole, the
context directs us to do so.”

In the case of Tata Consultancy Services v. State of A.P. (2005) 1 SCC 308, it was held that:

“A literal construction should not be denied simply because complying with it may result in a
penalty. The courts should not be overly eager to find ambiguities or obscurities in plain words.”

To understand the literal rule, the following conditions must be considered:

 The statute must have a section for interpreting terms, where special meanings of the terms are
provided (i.e., the definition sections).
 If the statute does not provide specific definitions, technical words should be given their
ordinary technical meanings.
 Words should not be inserted through implications.
 Over time, words may undergo shifts in meaning.
 It should be recognised that words derive significance from their context.
This rule somewhat restricts the interpretation process and makes it inflexible in its purest form.
Additionally, criticism of this rule stems from the assumption that words have fixed meanings,
 which is erroneous, as a single word may have multiple meanings depending on the different
contexts in which it is used.

The Mischief Rule of Interpretation of Statutes

The mischief rule focuses on determining the intention of lawmakers during the interpretation of
statutes. It originated in the United Kingdom in the 16th century and was established in Heydon’s
case. It was held that the primary aim of interpreting a statute should be to identify the “mischief
and defect” that the statute intended to address and provide an effective remedy. This rule seeks
to answer the question of what problem the previous law failed to cover, leading to the enactment
of the statute in question.

Heydon’s Case (1584) 3 CO REP outlined four points to be considered when interpreting a
statute:

 What was the common law before the enactment of the statute?
 What was the “mischief and defect” that the common law did not address?
 What remedy did the parliament intend to provide to rectify the problem?
 What is the true reason behind the remedy?
The use of this rule allows judges more flexibility in determining the lawmakers’ intent, rather
than being strictly bound by the literal and golden rules of interpretation.

However, this rule has been criticised on the grounds that it introduces uncertainty into the law
and grants excessive power to unelected judges, which is seen as undemocratic. Moreover, it is
considered outdated as the common law is no longer the primary source of law.

The Golden Rule of Interpretation of Statutes

The golden rule, also known as the “British Rule,” provides flexibility in the interpretation
process by allowing deviation from the literal meaning of words to avoid absurd outcomes. In
other words, this rule permits a judge to depart from the ordinary meaning of a word when
interpreting it would lead to an unreasonable result.

The golden rule serves as a compromise between the literal rule and the mischief rule. It generally
gives words their plain and ordinary meaning but allows for deviations when adhering strictly to
the literal meaning would lead to an irrational outcome contrary to legislative intent.
In cases of homographs, where a word has multiple meanings, the judge can apply the most
appropriate meaning. Similarly, if a word has only one meaning but using it would result in an
unfavourable decision, the judge can assign a completely different meaning altogether.

The golden rule can be applied in both a narrow and wide sense. Narrow use occurs when the
rule is applied to ambiguous words. This is the most common application of the rule. Wide use
occurs when the rule is employed to avoid outcomes that are contrary to public policy.

Rule of Harmonious Construction

The rule of harmonious construction is applied when there is a conflict between two or more
statutes or different parts of the same statute. This rule states that, in the case of a conflict, the
provisions should be interpreted in a way that harmonises them, giving effect to all provisions to
the greatest extent possible. The rule is based on the premise that each statute has a purpose and
should be read as a whole, with provisions interpreted consistently. Interpretation should not
render any provision useless or use one provision to defeat others unless there is a way to
reconcile the differences.

In the case of CIT v. Hindustan Bulk Carriers AIR 2002 SC 3941, the Supreme Court stated:

“Courts must avoid direct conflict between seemingly contradictory provisions and must interpret
them in a way that harmonises them.”

Conclusion

The rules of interpretation of statutes play a crucial role in ensuring the effective and consistent
application of the law. The Literal Rule emphasises the plain meaning of words, while the
Mischief Rule aims to discern the lawmakers’ intent by addressing the gaps in previous laws.
The Golden Rule provides flexibility by allowing departure from the literal meaning to avoid
absurd outcomes.

Finally, the Rule of Harmonious Construction harmonises conflicting provisions to give effect to
the overall purpose of the statute. By employing these rules, courts strive to uphold the principles
of fairness, justice and the proper functioning of the legal system.
Q.2 What is aid to interpretation of statute & explain internal and external aids in interpretation
of statute
Introduction :

In the complex realm of statutory law, aid to interpretation plays a pivotal role in deciphering
legislative intent and clarifying the meaning of statutes. Statutes are often crafted with
precision, yet they may leave room for ambiguity or uncertainty in their application. Aid to
interpretation encompasses various tools and sources that assist legal practitioners and courts in
understanding and applying statutory provisions accurately.

Internal and external aids are two broad categories of tools used in the interpretation of statutes.
Internal aids refer to elements found within the statute itself, such as its text, structure, and
headings, which provide clues about legislative intent and meaning. External aids, on the other
hand, involve sources outside the statute, including legislative history, judicial precedents,
dictionaries, and legal commentaries, which offer additional context and insights into the
interpretation process.

Meaning of Interpretation

Interpretation means the process used to ascertain the meaning of the statute by ascertaining
the intention of the legislature for the enactment of that statute. It is used in case the meaning of
an enactment is unclear and there is a lot of ambiguity. If the meaning of the words in the
enactment is clear then there is no need for interpretation.

Salmond says that “interpretation is the process by which court seeks to ascertain the meaning
of legislature through medium of authoritative form in which it is expressed”.

Need of Interpretation

The need of interpretation only arises is cases where meaning of an enactment is not clear and
is ambiguous. This is case where a particular enactment gives more than one meaning. So by
interpretation we can find the true meaning of enactment. This helps us in finding iut the true
intention of the legislature.

The court has their own discretion while interpretation but they should focus only in finding out
the intention of legislature and should not change the meaning of an enactment according to
their own thinking. This helps in achieving the justice and helps in finding the logical meaning
to an enactment.

Internal Aid

The internal aids to interpretation are those which may be contained in the statute itself forming
a part of it or may not form the part of the statute. They are generally taken as important aid to
interpretation whenever there is ambiguity in the language of the statute and meaning of the
words are not clear. However they have no role to play in case where meaning of the statute is
clear. They are much more valuable than external aid to interpretation.

Some important internal aid to interpretation are-

Title

The role of the title is to give some description of the act. It can further be divided into two
parts-

1. Short Title

It generally does have any role to play in the interpretation and noting can be ascertained from
it. It only gives us the name of the act and nothing else.

For eg. The Transfer of Property Act, 1882 ,Code of Criminal Procedure, 1973 etc.

 Long Title

It can some use in case where there is the confusion in the meaning of the statute. It tells us
about the general object for which the act has been enacted more like preamble only.

For eg. The Transfer of Property Act, 1882 has a long title saying that-“An Act to amend the
law relating the Transfer of Property by act of parties”.

ManoharLal v. State of Punjab[1]

It this case it was observed that the scope of the act can be decided with the help of the long
title and help can be taken from it for interpretation.
KedarNath v. State of West Bengal[2]

It this case court took the help of the long title while interpreting Section 4 of West Bengal
Criminal Law Amendment Act, 1949 and held that it is the discretion of the State government
to try any offence under special procedure in special courts.

Preamble

The preamble is very useful aid to interpretation as it tells us about the true intention of the
legislature for which the act was enactment. It roles comes into play in case where the meaning
of the enactment is not clear and more than one meaning is formed but not otherwise.

It doesn’t extend the scope of an enactment nor does it restrict it. Courts in the past had taken
help from the preamble for interpretation however its role has decreased in the recent times.

For eg.- The Indian Evidence Act, 1872 has preamble saying that “Whereas it is expedient to
consolidate, define and amend the law of Evidence; it is hereby enacted as follows”.

Brett v. Brett[3]

In this case it was observed that preamble can be used to find the intention of the legislature. It
forms the spirit of the act. It tells us about all the mischiefs that the legislature wants to remove.

Rashtriya Mill MazdoorSangh v. NTC[4]

It was observed that preamble help can only be taken when a provision is ambiguous. When a
provision is clear then preamble help cannot be taken for expanding or restricting the scope of a
provision.

Marginal Notes

They are inserted generally at the side of the sections and have no useful role to play
interpretation. Most of the time it have been seen that they have not made by the people who
have enacted the provision and are added in the subsequent stages by other people other than
legislators. Courts have refrained from using them for interpretation.
Provisos

It only excludes the things from the particular section or provision which would otherwise
would have been included in it. It has no other role to play neither it extends the meaning or
scope of the section. It is restricted only to the section to which it is part and cannot have effect
on other provisions.

For eg.- Section 55 of The Code of Civil procedure, 1908 tells about arrest and detention but
has some proviso to it such as no arrest can take place after sunset or before sunrise, no out
door of dwelling house should be broken etc.

CIT v. Ajax Products Ltd.[5]

It was observed that the proviso restricts the main provision, however it doesn’t have its own
independent existence and is dependent upon the provision to which it is attached. It should not
be read in conflict with the main provision.

S. SundaramPillai v. V.R. Pattabiraman[6]

In this it was observed that proviso exclude certain things from the main provision. It is an
integral part of the provision and can impose conditions on it.

Headings

Heading are put up at the start of the group of sections relating to a particular offence or
procedure. Each chapter in an act consists if its own heading which act as a preamble to it.

For eg.- The Indian Evidence Act, 1872 Chapter VII has a Heading of “Burden of Proof”
which tells us the various aspects of burden of proof.

It is useful is cases where the meaning of the provision is not clear but where there is no
ambiguity then it has no role to play. It is as useful as preamble for interpretation of provisions
to which it is headed.

Iqbal Singh Marwahv.MeenakshiMarwah[7]

It was observed that headings cannot be used for interpretation when the meaning of a
provision is clear. However the still form an important part of the act and are treated as the
preambles to the provisions to which it is headed.

Explanations

Explanations are added to sections so that they can clarify the meaning of certain words in
which uncertainty may arise in future. They do not extend the scope of the section to which it is
attached and is restricted to that section only to which it is part. They do not have much role in
interpretation and only clarify the provision.

Bengal Immunity Company v. State of Bihar[8]

It was observed that the exception should not extend the meaning of the main provision. It
should be read with the main provision. It forms the part of the main provision so it can be used
for ascertaining the intention of the legislature.

Exceptions and Saving Clauses

Exceptions are created to exclude certain things from a particular provision which would
otherwise the part of it. They do not expand the scope the scope of section nor add any different
meaning to the words. They just take away certain things from a particular provision.

For eg.- Section 300 of Indian Penal Code specifies exception to murder which are murder
done by exercising right of private defence, murder under grave and sudden provocation etc.

Saving clause on the other hand is generally appended where there is a case of repeal and re-
enactment.

Illustrations

Illustrations are generally given in the form of examples including situations that occur in real
life. They do not form the part of an enactment but still they are very useful aid to
interpretation. They can help us in understanding the real meaning of an enactment in case
where there is some uncertainty. They illustrate the intention of the legislature in the form of
facts and gives answer to situations arising in those facts. It cannot extend the meaning of an
enactment.

Dagdu v. State of Maharashtra[9]

There has always been a conflict between the illustration (b) of Section 114 and Section 133 of
the Evidence Act. Section 133 says that accomplice evidence without corroboration is good
enough for conviction whereas Section 114 Illustration (b) says that accomplice evidence
without corroboration is not good enough for conviction.

General rule on this formed by the court is that it is always better to have the evidence of
accomplice corroborated with other evidence for conviction.

Definitions

Generally we take the ordinary meaning of the words while determining the meaning of the
words given in the enactment. However in some cases where the definition given by the
legislatures forms different meaning of the words other than the ordinary meaning. In such
cases the definition given by the legislatures has to be usedand it will override the ordinary
meaning.

Mohan Singh v. International Airport Authority of India[10]

It was observed that generally the word “shall” is meant to be mandatory in nature. However
court should focus that ends of justice and for it “shall” can be read as “may”. It depends from
case to case. Discretion should be applied by the court in fair manner according to the
circumstance of the case.

Schedules

It helps in the working of an enactment properly and it forms the part of the enactment. When
meaning of an enactment is not clear help can be taken from it to ascertain the meaning.
Punctuations

It doesn’t have much of a role to play in the interpretation and is not taken as useful tool to
ascertain the meaning of an enactment. The role played by it is to separate the sentences and
nothing else.

External Aid to Interpretation

The role of external aids to interpretation comes into play in case where internal aid
fails. Internal aid is considered more valuable in interpretation as compared to the external aid.
External aid are doesn’t form a part of the enactment itself like some internal aid and neither
they are connected to any specific provision.

However in some cases where internal aid fails, help can be taken from external aids to
ascertain the intention of the legislature as generally they talk about the history of an enactment
and reasons for its introduction.

B. PrabhakarRao v. State of Andhra Pradesh[11]

In this case it was observed that external aid comes into play only when the internal aid fails but
not otherwise. It is for the purpose of the justice the external aids should be used. Legislative
history, committee reports, debates etc may be considered for the same.

Some important external aids are-

Dictionaries

Whenever the meaning of a particular word is not clear the help may be taken from the
dictionaries by the court to ascertain the meaning of the word. No strict approach is used in
ascertaining the meaning. The ordinary meaning of the word can to be found with the use of
dictionary.

Alamghir v. State of Bihar[12]

In this case the interpretation of Article 498 of Indian Penal Code was done. The word “detain”
was under consideration. It was accompanied by other words such as takes or entices or
conceals. Now in ordinary sense the word detain would mean without consent of the person
detained. But the court observed that Section 498 protect the interests of husband. So, detain
would include the case of taking away the wife from her husband even with her consent.

Statement of Object and Reasons

This is not considered as a reliable source to interpretation. It tells us about the reasons
and intention for bringing the bill into the legislature. However after the bill has been
introduced it still have to be passed by both the houses due to which there is always a chance
that the bill gets changed along with its intention at certain point of time. Bill goes through
many processes before it gets passed, so the intention at the start for introducing the bill cannot
be relied upon. It also does not show the will of majority.

Thus, if the meaning of a provision is clear then it has no role to play but if it a case where the
meaning is ambiguous then only some help can be taken from it to ascertain the intention of the
legislature.

State of West Bengal v. Union of India[13]

In this it was observed that when the bill is brought in the Parliament it consist of some
statement of objects and reasons which can be used to understand the background of the Act
and can only be used in a limited sense. It cannot be relied upon as an aid to interpretation and
it doesn’t tell legislative intention.

Parliamentary History and Facts

This includes all the debates in the parliament, reports of committees, letters etc. In traditional
English practise it was considered that parliamentary history cannot be considered while
interpretation. The modern view is different which says that parliamentary history and facts
may be considered for interpretation in order to determine the intention of the legislature while
passing an act. However it can also be used in case of ambiguity and not in case where meaning
of a provision is clear.

Express Newspapers Pvt. Ltd. v. Union of India[14]

In this case it was observed that the Parliament history may be considered for the purpose of the
interpretation in case where the meaning of a provision is not clear.
It contains the following things-

 Reports

They are generally not considered as useful tool to interpretation. Courts refrain from using the
reports for interpretation. However in some cases where ambiguity arises in a provision then
court can refer these reports which are formed by committees which advices the legislature at
the passing of an act. They can help in determining the intention of the legislature.

G. Sekar v. Geetha[15]

In this case the court observed that the reports such as of Law Commission of India can be
considered for interpretation if a provision in ambiguous.

 Parliamentary Debates

These include the debates that take place in the legislature while passing of the act. In case of
ambiguity these can be used by the courts for interpretation to determine the reasons for which
the act was passed and the mischief which the legislature wanted to cure.

S.R. Chaudhuri v. State of Punjab and Ors[16]

In this case the debates of the Constituent Assembly were taken into consideration for the
determination of provisions. It was stated that through it the intention of the legislature can be
ascertained.

 Bills

This contains the stage of debate before passing of the act by the minister. However this is not
considered as reliable form of interpretation because the bill goes through a lot of amendments
once it goes through both the houses in parliament and neither it shows the will of majority. So
only some help can be taken from it.

Textbooks

Sometimes courts while determining a law takes help from the textbooks. But this view has
been criticized because textbook contains the personal views of the author and different
textbooks have different opinions. Personal views of the author cannot tell us about the
intention of the legislature. Thus is not a reliable source of interpretation.

Foreign Decisions

In case when there is uncertainty regarding a point on law then reference can be taken from the
foreign decisions, where there is same system of law is being followed on that point of
uncertainty as it is followed in India. They will have a binding force upon the Indian courts.

Economic, Scientific, Political and Social Changes

Today’s environment is more dynamic than before due to which lot of development and
changes occur as time passes by. Many situations are not anticipated by the legislature at the
time of passing of the act which may arise in future due to these changes. Thus, enough
discretion and flexibility is given to courts to interpret according to the needs of the present
environment while seeing these changes.

S.P. Gupta v. Union of India[17]

In this case it was observed that the interpretation of a enactment must always take according
the dynamic environment so that justice can be served and judges must adapt to the changes in
the environment.

Conclusion

We can conclude that the need of interpretation arises only when then ambiguity in a provision
and not otherwise. While interpretation we determine the intention of the legislature. After
considering all the aids to interpretation we can conclude that internal aid of interpretation is
more reliable source of interpretation than the external aid to interpretation. Internal aid forms
the part of the enactment whereas external aid is separate from the provision. Internal aids are
considered as first option for interpretation and when they fails only then external aids come
into play.
Q.3 Explain statute and its different types.

Introduction :

A statute, in legal terms, refers to a formal written law enacted by a legislative body, such as a
parliament or congress, that is binding and enforceable within a particular jurisdiction. These
laws are created to regulate various aspects of society, ranging from criminal offenses and civil
rights to taxation and administrative procedures. Statutes serve as the primary source of law in
many legal systems and play a crucial role in shaping the rights and obligations of individuals
and entities. There are different types of statutes, each serving specific purposes and addressing
different areas of law. Understanding the nature and classification of statutes is fundamental for
legal practitioners, scholars, and citizens alike, as they form the cornerstone of legal order and
governance in modern societies. In this discussion, we will explore the concept of statutes and
examine the various types that exist within legal frameworks worldwide, shedding light on their
characteristics and significance in shaping legal systems and societal norms.

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

a. 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.

b. 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.

c. 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.
 d. 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.

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. 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.

k. 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.
 l. 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.