Table of Contents

• Introduction

• Law Making Power

• Law and statute

• Statute of limitations

Civil case

Criminal case

• Format of statuary citation

Title

Statuary code

Section

Date of code edition

• Types of classification of statutes

A.Classification with reference to basis of Duration

B. Classification with reference to Nature of Operation

C. Classification with reference to Objective

• Interpreting the statutes

• Conclusion
 Structure of statute

Introduction : When a law passed by a legislature it becomes statute.

A statute begins as a bill proposed or sponsored by a legislator. If the bill survives the legislat

ive committee process and is approved by both houses of the legislature, the bill becomes law

when it is signed by the executive officer (the president on the federal level or the governor o

n the state level). When a bill becomes law, the various provisions in the bill are called statute

s. The term statute signifies the elevation of a bill from legislative proposal to law. State and f

ederal statutes are compiled in statutory codes that group the statutes by subject. These codes

are published in book form and are available at law libraries.Type equation here. 1

Law making power :

Law making power mainly vested on legislative member only they can

proposed a bill it is necessary that these members should be elected and if the bill passed by

both of council thereafter presidend has a power ascent or descent the bill ,if he gives his

ascent then bill becomes law but there is deffirence between law and statute.

Law and statute :

1 Business law , https://courses.lumenlearning.com/masterybusinesslaw/chapter/how-to-read-a-statute/

(last visited on 24th October 2019 )
 Statute can only made by legislative member none other than none of court

have authority to make law but court has a power of judicial review it can challenge the law if

court find that law is invalid then it can declare the law unconstitutional it also apply on

judiciary but law made by court will valid until centre and state make law on same thing ,law

law only applicable on same case on which law was made.

For example, if an appeals court holds that witness testimony on memory recovered through t

herapy is not admissible at trial, that decision will become the rule for similar cases within th

e appeals court's jurisdiction. The decision will remain law until the court reverses itself or is

reversed by a higher court, or until the state or federal legislature passes a statute that overrid

es the judicial decision. If the courts strike down a statute and the legislature passes a similar

statute, the courts may have an opportunity to declare the new statute unconstitutional. This c

ycle can be repeated over and over if legislatures continually test the constitutional limits on t

heir law making powers.2

Statute of Limitations

Statutes of limitations are laws which say how long, after certain events, a case may be

started based on those events. If the statute of limitations has run out, a case should not be

started in court. If a case is started after the statute of limitations has run out, it is called time

barred. A defendant or respondent can ask the court to dismiss the case if it is time barred by

the statute of limitations.

Statute of limitations laws are based on fairness. Over time, memories fade, evidence is lost,

and witnesses disappear. People get on with their lives and don’t expect court cases from

events in the past – unless a really horrible crime has been committed.

2 Queen’s University library , https://guides.library.queensu.ca/legalcitation-mcgill-9th/how-to-cite-statutes

(last visited on 24th October 2019)
The amount of time by when a person or agency can start a case is different depending on the

claim. For example, cases about real property have a long time period, while slander and libel

have short time periods. Some crimes, like murder, are so terrible that they often have no

limitations period.

Except for when a government agency is sued, there is almost always at least one year from

the date of an event to start a case no matter what type of claim it is. You should have no

statute of limitations worries if you file your case within this one-year period.3

Civil Cases

In civil cases, statutes of limitations usually range between one and ten years.

• Sometimes this time period is counted from the date of the event itself – as in the date

of a personal injury.

• Other times, this period is counted from the date of discovery of a condition one

wishes to put right, such as discovering a defect in a manufactured good.

Visit the Statutes of Limitations timetable to find the time period for your civil case.

Criminal Cases

In criminal cases, statutes of limitations have a very wide range depending on if the case is

for:

3Business dictionary, http://www.businessdictionary.com/definition/statute-of-limitations.html (last visited

on 27th October 2019)
 • an infraction, like a parking ticket,

• a misdemeanor, like shop-lifting, or

• a felony, like murder.

Visit the Statutes of Limitations timetable to find the time period for your criminal case.

Format of statuary citation :

The precise format of a statutory citation depends on a number

of factors.

• Title

• Statuary code

• Section

• date of code edition 4

Title : the title of a statute is the heading or preliminary part, furnishing the name by which

the act is individually known. It is usually prefixed to the statute in the form of a brief

summary of its contents; as “An act for the prevention of gaming. This title is easy to find at

either the beginning or end of the act and will be prefaced by the words, "This act may be

cited as". Use the short title as given and remember to italicize it.Newer statutes may also

4University of Akron , School of Law, https://law.uakron.libguides.com/c.php?g=627783&p=5861337 (last visit

on 29th October 2019)
include the year as part of the title. If you find a statute with a year in the title, make sure you

include this as part of the title in your citation (e.g., Pharmacy Act, 1991, SO 1991, c 36).

Statuary code: A statutory code is compilation of laws enacted by a legislative body

that are currently in force and organized by subject. Statutory codes exist in order to make it

easier for individuals to find what the current law is on a given topic, such as criminal law.

There is a statutory code containing federal statutes (enacted by Congress) and a statutory

code for each state's statutes (enacted by the state legislature). Similar to case reporters, there

are official codes and unofficial

Section: section consists of—

• a number; and

• a heading, which is not part of the law; and

• its words.

A section’s words may be divided into two or more subsections. Subsections are usually each

numbered (1), (2) etc. Each subsection usually consists of one sentence. A subsection (or a

section without subsections) may contain two or more paragraphs. Paragraphs are usually

each

numbered ‘(a), (b) …’. Between the paragraphs will usually be a conjunction, such as ‘and’

or ‘or’, but not always. A paragraph may contain two or more subparagraphs. Subparagraphs

are usually each numbered ‘(i), (ii) …’. Between the subparagraphs will usually be a

conjunction, such as ‘and’ or ‘or’, but not always. Subparagraphs are sometimes subdivided.

The same goes for clauses (wherever they are used), but clauses have sub clauses. Likewise,

regulations have sub regulations, rules have subrules and by-laws have sub-bylaws.
Amended sections may contain subsections with numbers such as (2A) or (4b), paragraphs

with numbers such as (bb) or (dab) and subparagraphs with numbers such as (iie) or (xb).

Date of code edition :

1. the size, style, or year in which a book is published: a pocket edition

2. a.the total number of copies of a book or the like printed from the same plates, type, etc. and

published at about the same time

b.a single copy of such a printing

3. any of the versions of a textbook, reference book, etc. that is maintained by periodic

revision: the fourth edition of a handbook

4. the issue of a standard work or of the writings of a well-known author, distinguished by its

editor, publisher, etc.: the Skeat edition of Chaucer

5. any of the various regular issues of a newspaper: the Sunday edition

6. any set of like items made and offered for sale at one time: a limited edition of

commemorative plates

Types of classifications of Statute :

A. Classification with reference to basis of Duration

(i) Perpetual statutes - It is perpetual when no time is fixed for its duration and such a

statute remains in force until its repeal which may be express or implied.

(ii) Temporary statutes - A statute is temporary when its duration is only for a specified

time and it expires on the expiry of the specified time unless it is repealed earlier.

B. Classification with reference to Nature of Operation

(i) Prospective statutes – A statute which operates upon acts and transactions which have

not occurred when the statutes takes effect, that is which regulates the future is a Prospective

statute.

(ii) Retrospective statutes – Every statute takes away or impairs vested rights acquired

under the existing laws or creates a new obligation into a new duty or attaches a new

disability in respect of transactions or considerations already passed are deemed retrospective

or retroactive statute.

(iii) Directory statutes – A directory statute is generally affirmative in its terms,

recommends a certain act or omissions, but imposes no penalty on non-observance of its

provisions.

(iv) Mandatory statutes – A Mandatory statute is one which compels performance of certain

acts and directs that a certain thing must be done in a certain manner or form. A type of

Mandatory Statute is the Imperative Statute. Imperative Statutes are often negative or

prohibitory in its terms and makes certain acts or omissions absolutely necessary and subjects

a contravention of its provision to a penalty.

When the statute is passed for the purposes of enabling something to be done and prescribes

the formalities which are to attend its performance, those prescribed formalities which are

essential to the validity of the things which are done are called imperative or absolute, but

those which are not essential and may be disregarded without invalidating the things to be

done are called directory statutes. Imperative Statutes must be strictly observed. Directory

Statute may be substantially complied with.

C. Classification with reference to Objective

(i) Enabling statutes – These statutes are which enlarges the common law where it is too

strict or narrow. It is a statute which makes it lawful to do something which would not

otherwise be lawful.

(ii) Disabling statutes – These statutes restrict or cut down rights existing at common law.

(iii) Permissive statute – This type of statute allows certain acts to be done without

commanding that they be performed.

(iv) Prohibitory statute – This type of statute which forbids the doing of certain things.

(v) Codifying Statute – It presents and orderly and authoritative statement of the leading

rules of law on a given subject, whether those rules are to be found in statute law or common

law.

(vi) Consolidating statute – The purpose of consolidating statute is to present the whole

body of statutory law on a subject in complete form repeating the former statute.

(vii) Curative or validating Statute - It is passed to cure defects in the prior law and too

validate legal proceedings, instruments or acts of public and private administrative powers

which in the absence of such statute would be void for want of conformity with existing legal

requirements but which would have been valid if the statute has so provided at the time of

enacting.

(viii) Repealing Statute – A statute which either expressly or by necessary implication

revokes or terminates another statute is a repealing statute.

(ix) Amending Statute – It is a Statute which makes and addition to or operates to change

the original law so as to effect an improvement or more effectively carry out the purpose for

which the original law was passed.5

INTERPRETING THE STATUTES

Interpretation of something means ascertaining the meaning or significance of that thing or

ascertaining an explanation of something that is not immediately obvious. Construction and

Interpretation of a statute is an age-old process and as old as language.

Interpretation of statute is the process of ascertaining the true meaning of the words used in a

statute. When the language of the statute is clear, there is no need for the rules of

interpretation. But, in certain cases, more than one meaning may be derived from the same

word or sentence. It is therefore necessary to interpret the statute to find out the real intention

of the statute.

Interpretation of statutes has been an essential part of English law since Heydon's Case in

1854 and although it can seem complex, the main rules used in interpretation are easy to

learn.

Elaborate rules of interpretation were evolved even at a very early stage of Hindu civilization

and culture. The rules given by ‘Jaimini’, the author of Mimamsat Sutras, originally meant

for srutis were employed for the interpretation of Smritis also. (Law Commission of India,

60th Report, Chapter 2, para 2.2).

The concept of interpretation of a Statute cannot be static one. Interpretation of statutes

becomes an ongoing exercise as newer facts and conditions continue to arise.

5Law Notes, https://www.srdlawnotes.com/2019/01/meaning-and-classification-of-statutes.html?m=1 ( Last

visit on 3rd November 2019)
We can say, interpretation of Statutes is required for two basic reasons viz. to ascertain:

• Legislative Language - Legislative language may be complicated for a layman, and hence

may require interpretation; and

• Legislative Intent - The intention of legislature or Legislative intent assimilates two aspects:

i. the concept of ‘meaning’, i.e., what the word means; and

ii. the concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ pervading through the

statute.

Necessity of interpretation would arise only where the language of a statutory provision is

ambiguous, not clear or where two views are possible or where the provision gives a different

meaning defeating the object of the statute. If the language is clear and unambiguous, no need

of interpretation would arise. In this regard, a Constitution Bench of five Judges of the

Supreme Court in “R.S. Nayak v A.R. Antulay”6, AIR 1984 SC 684 has held:

“… If the words of the Statute are clear and unambiguous, it is the plainest duty of the Court

to give effect to the natural meaning of the words used in the provision. The question of

construction arises only in the event of an ambiguity or the plain meaning of the words used

in the Statute would be self defeating.” (para 18)

Again Supreme Court in “Grasim Industries Ltd. v Collector of Customs,”7 Bombay, (2002)4

SCC 297 has followed the same principle and observed:

“Where the words are clear and there is no obscurity, and there is no ambiguity and the

intention of the legislature is clearly conveyed, there is no scope for court to take

6 AIR 1984 SC 684

7 Bombay, (2002)4 SCC 297
upon itself the task of amending or altering the statutory provisions.” (para 10)

The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of the

Legislature – not to control that intention or to confine it within the limits, which the Judge

may deem reasonable or expedient.

Some Important points to remember in the context of interpreting Statutes:

• Statute must be read as a whole in Context

• Statute should be Construed so as to make it Effective and Workable - if statutory provision

is ambiguous and capable of various constructions, then that construction must be adopted

which will give meaning and effect to the other provisions of the enactment rather than which

will give none.

• The process of construction combines both the literal and purposive approaches. The

purposive construction rule highlights that you should shift from literal construction when it

leads to absurdity.8

Conclusion :

So parliament has a power to enact the law in case of emergency or necessity but

after passing the bothe of houses then bill need to take ascent from president after the sign of

prez bill will become law but if there is something wrong then judiciary has a power of

judicial if court find something wrong which is not right for public or against the fundamental

right of citizen then it also can declare the law void or unconstitutional. Statute only can

make by legislation member those should be directly elected.

8 Rajat Agarwal , Interpretation of statutes -The purposive approach (last visit on 5th November 2019)
 Bibliography

• 1
Business law ,
https://courses.lumenlearning.com/masterybusinesslaw/chapt
er/how-to-read-a-statute/ (last

• Queen’s University library ,

https://guides.library.queensu.ca/legalcitation-mcgill-9th/how-
to-cite-statutes

• Business dictionary,
http://www.businessdictionary.com/definition/statute-of-
limitations.html

• University of Akron , School of Law,

https://law.uakron.libguides.com/c.php?g=627783&p=5861337
• Law Notes, https://www.srdlawnotes.com/2019/01/meaning-
and-classification-of-statutes.html?m=1

• AIR 1984 SC 68

• Bombay, (2002)4 SCC 29

• 1
Rajat Agarwal , Interpretation of statutes -The purposive
approach