Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

Classification of Statutes

A Statue means any Law, Act, and Enactment. The Parliament is given authority of Lawmaking.
According to Blacks Dictionary, A Statute is a formal written enactment of Legislative authority
that governs a country, state, city or county. In Simple words, it is the Law, Enactment, and Act.

There are Several Types of Statutes, Such as Temporary Statute, Perpetual Statute, Consolidating
Statute, Codifying Status, Fiscal Statute, Remedial Statute, Penal Statute, and Declaratory
Statute. Generally, Statute can be classified with reference to its duration, Method, Object, and
extent of Application.

Classifications of Statute/Types of Statutes are as follows –


(a) based on its application and approach
 General Statutes: Those statutes which are applicable through the territory or to
all individuals of a particular State or to all individuals of a particular class within
a State. Example: the Contract Act, the Evidence Act
 Special Statutes: Special Statutes are those statutes which are making rules for a
particular group or individuals either within a State or within a particular class of
individuals within a State. Example: the Labor law/Labor Code 2006, the Muslim
Family Laws Ordinance, 1961

(b) based on objectives or purpose


 Declaratory Statutes: A Statutes which is removing doubts in law, occurred due
to the certain conflicting decisions of the Courts. In other words, it is declaring
that what the law is in a particular matter
 Codifying and consolidating Statutes: A Statutes that collecting in a single
document and systematically arranging the rules whether existing or not, that is
called codified statutes. On the other hand Consolidating Statutes presents the
whole existing law on particular subject in single document. Example: Muslim
Family Laws Ordinance 1961, Muslim Marriage and Divorce Registration Act,
1974, Family Courts Ordinance,1985 /example of consolidating act: Copyright
Act of 2000, Code of Criminal Procedure, Succession Act , Arbitration Act 2001
 Remedial Statutes: Remedial Statutes are those statutes which provide the
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. This types of
Statute are beneficial to the weaker section of the society. They are directed
towards extending a certain benefit to the particular class of society... Therefore
they are also called as welfare legislation, for example, industrial dispute act 1947
workmen compensation act 1923, Consumer Protection Act 1986. Example: East
Bengal State Acquisition and Tenancy Act 1950 (Permanent Settlement
Regulations of 1793 – Bengal Tenancy Act 1885), the Land Reforms Ordinance
of 1984. Nowadays, this kind of law is called socio economic legislations: The
Government Legal Aid Act of 2000.
 Enabling Statutes: Enabling statute is a Statute which enables something to be
done. It basically gives the power to do something. Example: The Special Powers
Act 1974, the Acquisition and Requisition of Immovable Properties Ordinance
1982
 Validating Statutes: Laws that will correct, add to or alter or delete material
from a previous law and makes the amended law valid. Example: abolition of Non
Party Caretaker Government by the Constitution (Fifteen Amendment) Act 2011.

(c) based on method/approach


 Imperative/ Mandatory: Mandatory Statutes are two types – positive statutes and
negative statutes.
 Directory/ permissive: Statutes that recommend the doing or not doing of certain act but
does not imposes any penalty on its non-observance. Also known as affirmative statutes.
(d) based on duration
 Temporary Statutes: A Statute which has been enacted for a specified time. It
expires on the laps of the period so specified unless repealed earlier. Financial Act
is a good example of a temporary Statute and it is being enacted every year,
Further Industrial Relations Act, 2008 was a temporary statute.
 Permanent Statute: A statute which there is no specified period of its
applicability in mentioned. It is perpetual for all the times to come. It can only
expires on either express or implied repealed by the legislature. Example: Specific
Relief Act, Contract Act is all permanent statutes.

Principles Regarding Statutes

General Law follows Special Law

You might also like