CHAPTERI

INTRODUCTION
SYNOPSIS
WHAT IS LAW
ESSENTIAL INGREDIENTS OF LAW
NATURE, OBJECT AND FUNCTION OF LAW
SOURCES OF LAW
KINDS OF LAW
THIREE ORGANS OF GOVERNMENT
LEGISLATION
PROCESS OF LEGISLATION
ENACTED LAW OR STATUTE LAW
SUPREME AND SUBORDINATE LEGISLATION
MORALS AND LAW
CHAPTER SUMMARY

WHAT IS LAW
It is not easy to give a perfect definition of law. There are many
difficulties in properly defining the law. Firstly, in all the societies, there has
been a law in one form or the other. There has been difference in law of
different societies. The term "law" includes different things in different
societies and hence it is understood in different sense in different societies.
Any definition of law which fails to encompass all these senses or meanings
cannot be said to be a good definition. Secondly, different definitions of the
same thing can be given if it is viewed from different angles. A definition
unable to cover all possible angles would be an imperfect definition. "Thirdly,
Law grows and develops with the society. In modern time, the development
in the society has been tremendously fast. The law is required to cover all
new fields. To keep pace with the fast advancing society, the scope of law
always keeps changing. This adds to the constraints in defining law.
MORRIS has explained the difficulty in defining law by giving an
example. He said that a horse means a genus of mammalian for a Zoologist,
it is of transportation for a
a means
in
traveller, is
certain
it a
sport
nations.
of kings for
It depends on the
an
average man and an article of food
is to be'
angle one looks at it. The question is how the definition of the horse
e d at. The definition will be different from the points
of view of a
g 1 t , a traveller, an average man etc. In the same manner, law has been
view. It is
s l y defined by various individuals from different points of
therefore, there is no unanimity of opinion regarding the definition of law.

(1)
 INTERPRETATION OF STATUTESs
2
ARNOLD has very rightly said "Obviously, Law can
With equal obviousness, it should be said that adher never be defin
rents of legal ins
must n e v e r give up the struggle to define the law".
Despite this position, various schools of law_have attempte
titution
ptedbasdefin
the law from the different angles. Some have defined it on the to define
nature, whereas some have given attention to its source. Some i of i
defined the law in terms of its effect on society ists have
whereas others have
concentrated on the purpose for which law is made. The definitione
put forth by various jurists are given below.
nitions of law
JUSTINIAN Law is the king of all mortal and immortal affairs
ought to be the chief, the ruler and the leader of the noble, and the ha wh
thus the standard of what is just and unjust, the
commander to anim
naturally social of what they should do, the forbidder of what thev h
not do. uld
BLACKSTONE : Law in its most general and comprehensive sense
signifies a rule of action and is applied indiscriminately to all kinds of action
whether animate or
inanimate, rational or irrational. Thus we
of say the law
gravitation or optics or mechanics as well as the laws of
nature an
nations.

KANT: Law is the sum total of the conditions under

personal wishes of one man can be combined with the personalwhich the
wishes of
another man in accordance with the
general law of freedom.
AUSTIN Law is the command of
is backed by sanction. the sovereign. It imposes a duty and
law.
Command, duty and sanction are three elements
d

JUSTICE HOLMES : Law is a statement of the circumstances in which

the public force will be brought to bear upon
through courts.
men
GRAY The law of the
composed of the rules which thestate or of any organized body of men 8
courts, i.e., the judicial organs of that body
lay down for determination of legal
rights and duties.
SALMOND The law is
the state in administration of body of principles
recognized and applied Dy
justice.
In Gulf Goans Hotels Co. Ltd.
v. Union
has elaborately
discussed the issue. It has of India, the Supreme
is law" has observed Cour
that the question "wha
perplexed many jurisprude, yet, the search
definition continues. It may
a

be for the elusive

rather, one may proceed by unwise
to posit an
answer to the questio
examining
iurisprudential theories. Wnat appears the points
to be common to allofthese theories 1in
the notion that
law
consensus
mandate/explicit
and the law mustcommand
also seekwhich
to achieve
must possess
aa prescriptive,
may be certain form;permissive or
contain a pena
clear

early
the form itself or absence thereof will not be identifiable
determi pose. While
has to be considered as a lending or supporting nd its impad
clear mandate and purpose is force, the
indispensable. therefore,disclosure
o fs
It may,
be underlerstood

1. (2014) 10 SCC 673.

 INTRODUCTION

that a Government policy may

acquire the "force of "law" if it conforms to
"

a certain form possessed by other laws in force and

and discloses a specific purpose (Paras 15 & 16). encapsulates a mandate
Article 77 of the
Constitution provides the form in which the Executive must make and
authenticate its orders and decisions. If the
government orders or
instructions are not in accordance with Clauses (1) or (2) of Article 77, the
same would deprive the orders of the immunity conferred by the aforesaid
clauses and they may be open to challenge on the ground that they have not
been made by or under the authority of the President in which case the
burden would be on the Government to show that they were, in fact, s0
made. In the absence of due authentication and promulgation of the
guidelines, the contents thereof cannot be treated as an order of the
Government and would really represent an expression of opinion (Paras 19,
20 & 21). It is also essential that what is claimed to be a law must be
notified or made public in order to bind the citizen. So far as the mode of
publication is concerned, such mode must be as prescribed by the statute. In
the event the statute does not contain any prescription and even under the
subordinate legislation there is silence in the matter, the legislation will take
effect only when it is published through the customarily recognized official
channel, namely, the Oficial Gazette. Admittedly, the "guidelines" concerned
were not gazetted (Paras 22 & 24).

ESSENTIAL INGREDIENTS OF LAW

In view of the judgment of Supreme Court supra, it is clear that the
Law must fulfill following essentials
i) it must possess a certain form;
ii) it must contain a clear mandate or an explicit command which
may be prescriptive, permissive or penal;
Ciii) it must seek to achieve a clearly identifiable purpose; and
(iv) it must be notified or made public in order to bind the citizen.

NATURE, OBJECT AND FUNCTION OF LAW

Law governs the relationships between people. It reflects the values of
the society. Since the society is dynamic, its realities keep on changing. The
law must follow the change and mould itself sympathetically. The change in
law is therefore an outcome of a change în social reality.

In Surya Baksh Singh v. State of U.P, the Supreme Court held that
the law is dynamic and not immutable or static. It constantly adapts itself to
critically changing compulsions of society.
In Badshah v. Urmila Badshah Godse, it was held that the law
regulates relationships between people. lt prescribes patterns of behaviour.
It reflects the values of society, The role of the court is to understand the
purpose of law in society and to help the law achieve its purpose. But the
law of a society is a living organism. It is based on a given factual and social
1. (2014) 14 SCC 222.
2. (2014) 1 SCC 188 AIR 2014 SC 869.
 INTERPRETATION OF STATUTES

reality that is constantly changing. Sometimes change in 1

societal change and is even intended to stimulate it. In most caw
a change in law is the result of a change in social reality
sOcial reality changes, the law must change too. Just as chane
precedes
howe
, when
reality is the law of life, responsiveness to change in social ge in social
ial reality i8 the life
of the law. It can be said that the history of law is the
the law to society's changing needs. In both history of dapting
tutional and
constitutional
interpretation, the court is supposed to exercise discretior and statstetn
the proper
ion in determi
relationship between the subjective and objective utory
law. purposes of the

SOURCES OF LAW
The term "source of law" denotes the
law comes from or is conceived. There origin of law or from where.h
of law. AUSTIN
are
divergent opinions about soi e
says that law originates from
theologians, law originates from God. The Vedas sovereign. Accordirig t
Hindu Law which are considered to be are
the words of God. primary source ot
which is also consideredSimilarly
main source of Mohammedan Law Quran is
God. to be revealed
by
SALMOND has divided the
of law into two classes
sources
(a) The sources from which
the law derives
Such sources are called
Formal sources.
its force and validity
(b) The sources from
which law derives the
composed. Such sources are
matter of which it is
called Material
sources are sub
divided into two sources. Material
i) Legal sources: These
These are immediate sources are in authoritative form.
source of law.
of many kinds : Legal sources could be
-Enacted law
-Case law which has its source in
legislation
: which has its in
-Customary law which has
source
its source in
precedent
-Conventional law custom
(i) Historical sources: :which has its source in
agreement
termed The rest of the
as historical sources. sources of law a
They have They
decisions
no
etc. fall
legalrecognition.
Juristic
are
un-authoritanv
taken by the courts from this class. Only writings, fore
under
The above these sources. guidance
can
classification
criticism by various
of sources
of law was
rists,
8sificationparticularly KEETON subjected re
resented his own to sev
but it did not and ALLEN. KEETON
SALMOND had proposed.
various sources of law and their substantially
Salmond's classification differr from wha"
In
nature, gives an idea abou
modern times, most ot tne
is considerably supplemented law is made by
by case laws. way of
legislation Wicd
 INTRODUCTION

KINDS OF LAW
There are various kinds of laws as mentioned below

Imperative law
Imperative laws are those which prescribe a general course of action
imposed by some enforqing authority either by physical force or any other
form of compulsion. They are classified in two categories viz. divine or
human. The divine laws are the commands imposed by God upon men. They
are enforced by threats of punishment either in this world or in the next
world. On the other hand, human laws consist of essential rules imposed
upon men. According to Salmond, the imperative law must have following
characteristics
) the command of the sovereign must be in the form of a general rule,
and not a particular command addressed to a particular individual or
individuals only; and
Gi) the observance of law must not depend upon the pleasure of the
people, it should rather be enforced by some authority or machinery of State.
Physical Law or Law of Nature or Scientific Law
The physical laws or the laws of science are expressions of the
uniformities of the nature. They are the general principles expressing
regularity that can be observed in the activities and operations of the
universe. They are neither created by men nor can they be changed by them.
do
They are the laws of nature. In contrast to human laws, the natural laws
not vary from place to place and from time to time.

Natural Law or Moral Law

The natural laws or moral laws are the principles of natural right and
wrong. The natural law has been
named as divine law, the law of reason, the
universal or common law and eternal law. It is called the command of God
the world is
imposed upon men. It is established by that reason by which nature. It is
It is written in the hearts of men by the finger of
governed.
universally obeyed in all places and by all people. I t does not possess

physical compulsion.It embodies the principles of morality. Its principles are

common to all the States.

Conventional Law
Conventional law refers to any rule or system of rules agreed upon by
regulation of their conduct towards eachother. It is a form of
persons for the
special law. It is law for the parties who subscribe to it. For example rules of
law is enforced by the State.
any society. However, sometimes conventional
In that case it becomes a part of the civil law.

Customary Law
The term "custom" means tradition. When some kind of action gets
general approval and is generally observed for a long time, it becomes a
custom. When a custom is firmly established, it transforms into a law which
 INTERPRETATION OF STATUTES

is enforceable by the authority of the State. Therefore customa.

bserved by
defined as any rule of action which is actually observed by men.
men.
stomar \aw may
law is an important source of law.

Practical or Technical Law

ustomaryN
Practical or technical law consists of rules for the attainment of.
ends. These rules guide us as to what we ought to do in order to att ce
certain end. The laws of health and laws of architecture are few ain oa
practical or technical laws.
few exam
examples

International Law
International law consists of those rules
The States not only agree which
are
sovereigm States. to observe these
acknowledged
by tha
dealings with one another but also consider them to be rules in th
in their mutual
relations. Thus international laws binding upon the
their relations and conduct govern sovereign States in
towards each other.
Civil Law
Civil law is the law of
the land. It is uniform in
uniformity is preserved by judicial nature and its
character. It carries legal sanction. precedents. It has an imperative
only within the territory of the State.It is territorial in nature, i.e., it
the State. Its
It creates applies
legal rights. It is enforced by
violation is punishable
imprisonment. with
attachments, fine or

Common Law
In its historical
law of origin, common
law was taken to
England
because of its including equity. Statute law was mean the whole of the
authority. referred to
Statute Law
separately
Statute law is made by the
has developed to a
very legislature. In modern
common law are great extent
and tinmes,
statute law
process known as
underg01ng
codification.
a slOW even
certain portions
transtormation into statute of the
law by the
Law of equity
Salmond says that the
termequity"
morality, honesty and uprightness; (ii) has three
a set of fixedrules. principles
of meanings, viz., )
natural
During the 13th century, common
law in
justice; and (ii) (11
rigid. A need was therefore felt
law was
gradually
to reduce such England had beec
rigidity.
8upplemented For this become very
conscience of judges. However, it byled principles
to
of
equity, justicepurpos
ose, the
secure uniformity in
judgments, a body ofconflictin
These rules supplemented to the rules ofequitable ecisions. In and goo
eauitable principles came to be recognized as commonrules was fom
Was order to
principles aw. formulated.
Gradually, the
e ruln
 INTRODUCTION 1

of common law. Equity became a body of principles decided on the basis of

Drecedents laid down by judges. Today equity has been merged into law.
Equitable principles are as effective as the principles of common law.

Constitutional Law
According to Salmond, Constitutional Law is the body of those legal
principles which determine the Constitution of the State. It is the body of
rules governing the relation between the sovereign and his subjects and the
different parts of the sovereign body. It includes all rules which direct!y or
indirectly affect the distribution or exercise of the sovereign power of the
State. It is the fundamental law of a State directing the principles upon
which the Government is founded and regulating the exercise of the
sovereign powers.
Administrative Law
Administrative law is the law relating to the administration. It
determines the organization, powers and duties of administrative
authorities.

Special Laws
Salmond refers to six kinds of special laws, viz., Local Law, Foreign
Law, Conventional Law, Autonomic Law, Martial Law and International Law
as administered in Prize Courts.
(a) Local Law.-Local law is the law of a particular locality and
not the general law of the whole country. There may be customs
which have obtained the force of law in certain localities and
within those localities, that customary law supersedes the
general law.
(b) Foreign Law.-Foreign Law means a law of any ther State.
Whereas everyone is supposed to know the law of the land, it is
not necessary to know the foreign law. Ignorance of law of the
land is no excuse but the ig orance of foreign law is excusable.
In certain cases, foreign law is required to be considered for the
purpose of imparting justice to the litigating parties. For
example, in the case of a contract entered into in a foreign
country, no justice can be done unless the case is decided
according to the law of the place where the contract was entered
into. Therefore, it becomes necessary to take account of a system
of foreign law for determination of the rights and liabilities of
the parties.
(c) Conventional Law-Conventional law has its source in the
agreement. It is law for the parties who subscribe to it. As such,
an Agreement is law for those who make it. The law of a society
is an example of conventional law.
(d) Autonomic law.-Autonomic law means the law made by
subordinate legislative authority. The rules and regulations made
by the University for governing its functions is an example of
 INTERPRETATION OF STATUTES

autonomic law.
law is the law administered.
in
(e) Martial
Law.-Martial
three kinds- the
military courts. It is of
) the law for the discipline and control of the army itself,

which is commonly called Military Law;

to foreign land which comes
into the
into
(ii) the law applied a
occupation of military during war time. Such occupied
foreign land is governed by the Military-Commander an
the law depends upon his pleasure.
(ii) the law by which the army governs the realm in the time
of war, for the purposes of public safety or milita
tary
necessity.
Martial law is different from military law. Military law i
embodied in the Army Act and applies only to the soldiers, The
offences under Army Act are triable by the courts martial. On
the other hand, the martial law applies to both soldiers
and
civilians in times of war. Martial law is therefore a
law while military law is permanent law.
temporary
( Prize Law (International Law as administered in Prize
Courts)-Prize law regulates the practice of the capture of
ships and cargoes at sea in times of war. It is administered by
the Prize Courts in times of war. The
Prize Courts are
established and maintained by the States
if they are desirous of
within their territory,
courts investigate the
exercising the right of capture. The Prize
legality of all the
captures of ships and
cargoes. If the seizure is lawful, the
lawful prize of war. If the same property is adjudged as a
is found
passed for the return of that unlawful, orders are
property.
(g) Mercantile Customs.-This
the is a special law
body of mercantile usage. The which consists o
relating to hundis whole of the Indian law
derives its origin from
THREE ORGANS mercantile customs.
OF
The GOVERNMENT
Government has to
legislative function, executive function and carry out three kinds of
functions, vtZ.
Derformed through organs especially judicial function. Each
The constituted for the function 13
makes law.
legislative function is carried out by purpose.
The executive
Legislature. The legislaturTe
function is
administrative departments of thedischarged by the
certain
to it
subordinate But thisexecutive. It conducts
egislative powers which state. nducts the
by Parliament or
pertain function is coupled with coupled
statute itself entrusts
to the
to it
by the have been expressly
delegated
w
regulations on the same matter executive
the common law.
Many
times, the
provisions. in order
to
to issue duty
aore detailed
mo
supplement the statu ory
 INTRODUCTION
9

Judiciary is the organ which interprets the law and administers justice.
Certain delegated legislative powers are possessed
by the judicature. The
superior courts have the power of
making rules or the regulation of their
own procedure. This is judicial legislation in the true sense
of the term,
differing in this respect from the so-called legislative action of the courts in
creating new law by way of precedent.
The doctrine of separation of power restricts these organs from
interfering in each others functions. Although the Constitution of India has
not recognized the doctrine of separation of powers in its absolute rigidity,
but the functions of different parts of the govermment have been
sufficiently
differentiated.
The separation of powers is essential otherwise one organ may assume
the functions of the other. In that case, the Legislature would make the law
and simultaneously undertake to interpret the same or the judiciary would
interpret the law as also implement it. It may lead to bias because the
legislature may not consider a law enacted by it as unconstitutional
although it may be contrary to a constitutional provision. It would be
something like the student himself setting the question paper for
examination, himself giving the answers thereof and evaluating his own
answers. Therefore, the doctrine of separation of powers restricts each organ
of the Government to its own field and rules out the encroachment by one
organ into the domain of the other.

LEGISLATION
The term "legislation" is derived from two Latin words, "legis" and
"latum". The term "legis" means law and "latum"' means to make. Therefore
legislation means to make the law. According to SALMOND "the legislation
is that source of law which consists in declaration of legal rules by a
means the formal
competent authority". According to GRAY, legislation
utterances of the legislative organs of the society.

PROCESS OF LEGISLATION

Legislation is the main source of law. Legislation means declaration of

make new law. As
legal rules by a competent authority. To legislate is to
such any act having the effect of adding, altering, modifying or amending a
law is an act of legislative authority.
the power to
The Parliament is the sovereign authority having
legislate. Making law is the chief function
of the Legislature. For this
law 18 prepared. It is called Bill. The Bill is
purpose, a draft of proposed
introduced in the Parliament for passing. A Bill (except Money Bill) may
before Rajya Sabha. Parliament holds
either be moved before Lok Sabha or
discussions on that Bill. An amendment to the Bill may also be moved. After
the debate, the bill is either passed or is not passed considering the majority
If the bill is passed by one House, it is sent to other House where
opinion.
Similar process is repeated. Unless both the Houses approve a Bill, the Bill
cannot be deemed to have been finally passed. After being passed by both
for approval. On receipt of
The Houses, the Bill is sent to the President
 10 INTERPRETATION OF STATUTES

President's assent, the Bill attains finality and it becomes

ENACTED LAW OR STATUTE LAW

In the strict sense, legislation means
the laying down of leo
either by a sovereign or by a subordinate authority.
rules for the future and without reference Legislature Iatueg
to any actual dispute. ys spute. Legisladown
includes every expression of the will of the legislature. Every A ation
Parliament is an example of legislation, irrespective of f its purposect of
effect. The law which has its source in
or enactment".
legislation is termed as "enacted 1
The more familiar term, however, is "statute law
law"
SUPREME AND SUBORDINATE LEGISLATION
According to SALMOND, legislation is either supreme or
The supreme
legislation is the result of the act of supreme or subordinate
power, which is the Parliament or soverein
cannot be abrogated, Legislature. As such, the supreme
repealed, annulled, modified or amended by any law
authority except the maker of law itself. other
The exercise of function
of legislative is often
executive. For instance, entrusted to the
essentially
framing of rules and
regulations etc. which are
ssentially legislative in character are
frequently
executive uthorities isdesignated
executive. The law made by such to the
legislation. Thus, the subordinate called subordinate
other than the legislation proceeds from any authority
sovereign Such legislation is
subject to validation of the power. subordinate and is
sovereign legislation. In casesupreme
of
authority. It can also be
repealed by
subordinate legislation must give any inconsistency
confrontation,
or
of a derivative nature that is way to sovereign legislation. It may alsothebe
to say that the
delegated by the power to legislate
sovereign to the subordinate. But the fact has been
make law is given to various that power to
own law
authorities does not
making authority. extinguish Parliaments
MORALS AND LAW
The term "morals" refer to ethics
individual is governed. Morals
lay down
or
principles by which the life of a
the rules for
of an individual. Howeve, moulding the character
the morals are
conscience and impose no obligation on the purely the matter of individua
individual to observe them.
Morals and law are closely related to
origin. Yet they are difterent irom each othereach other on account of
and are clearly commo
distinguishable
Relationship between Morals and Law
The morals and law are 80
becomes difficult to draw a line blended
with each other that
deeply penetrated into the
of distinction between them. sometimes
Morals have
fabric of law in
faith and conscience. Moral considerations the name of justice,
equity, goo
are vital while
while exercising judicial discretion. Morala making law and
put a restraint on the
law-making power of the legislature in the sense that no
make a law which is opposed to the morals of legislature can
society. All human conduc
 INTRODUCTION 11

and social relations cannot be governed by law alone. Many relations are left
to be regulated by morals.
The relationship of morals and law can be discussed under following
heads
(a) Morals are the basis of Law:
In the initial stages of the social system, there was no distinction
between law and morals. All the rules found their origin from the common
source. The fear of supernatural power worked as sanction behind those
rules. Subsequently, the State came into existence. They enforced those rules
which were important from social point of view. Such rules came to be called
law. Thus, law and morals have a common origin but they came to differ in
course of development. Owing to this reason, many rules are common to both
law and morals. Yet, law and morality are two different things. Many things
may be immoral but not illegal. There are several legal rules which are not
founded on morals. For instance, vicarious liability is provided in law but
the morals do not hold a man vicariously liable. Some of the legal rules are
even opposed to morals.

(b) Morals are the test of Law:

Many jurists maintain that law must conform to morals. During the
Middle Ages, it was opined that any law which did not conform to morals is
invalid. During the 17th and 18th centuries, it was contended that any law
which did not conform to natural law must be disobeyed and the government
which made that law was to be overthrown. In modern times, a law is
considered to be valid and binding even if it is not in conformity with
morals. However, ordinarily, laws conform to morals.

(c). Morals are the end of Law:

Morals are often considered as the end of law. The reason is that the
purpose of law is to secure justice and the justice is based on morals. Law is
aimed to the welfare of society and to secure social interests. Moral is an
evaluation of such
interests.
(d) Morals the part of Law:
are

Many authors believe that even if law and morals are distinguishable,
morality is an integral part of law. Their argument is founded on the fact
that the law in action is not a mere system of rules but involves the use of
certain principles, such as that of equitable and the good.

Distinction between Morals and Law

Morals and Law may be distinguished as under

SLNo. Morals Law

1. Morals relate to the individual Law is focused on the society as a

and not to the society. whole.
 INTERPRETATION OF STATUTES
12

2. In morality the individual is In law the individual

subject to the dictates of his own
submit
the Will of organized societ
conscience. ty.
3. The observance of morals is a Observance of law is
matter of individual conscience. mandatory
is not at the choice of It
The individual may or may not The individual is individus
bound to oh
follow the morality. law. Law brings into the pict
the complete machinery of Are
State. the
4. Morals give guidance to a man, Law considers man only in
irrespective of whether he lives as he lives in
so far
in community or in
isolation others. community with
(alone).
5. Morals lay down the rules for
Law provides the
moulding of the character of the rules of
individual. relationships of individuals
with
each other and with the
6. Morals are an
State.
end in Law is for the
themselves. They should be purpose of
followed because they convenience and
in themselves. are good chief aim is to expediency. Its
running of society. help smooth
7. Morals look to the inherent
value of Law looks to the
conduct, i.e., proper external conduct
intention or motive,. and or the
act of the
external conduct. not the which it lays down individual for
8. Morals have standards.
Generally they universal
do not
value. Law varies
from
society to vary from
society, time to time time to time society to society
and place to and place to place.
place.
9. Morals are applied after
into taking
consideration the individual Application of law is
cases.
uniform.
 INTRODUCTION 13

CHAPTER SUMMARY
What is law-It is very difficult to define the term "law" for various
reasons. Yet various jurists have proposed definition of law in their own way.
Some have defined it on the basis its nature, whereas some have given
attention to its source. Some jurists have defined the law in terms of its
effect on society whereas others have concentrated on the purpose for which
law is made.

Essential ingredients of law-The Law must (i) posses8 a certain

form; (ii) contain a clear mandate or an explicit command which may be
prescriptive, permissive or penal; (i) seek to achieve a clearly identifiable
purpose; and (iv) be notified or made public in order to bind the citizen.
Nature, object and function of law.-Law governs the relationships
between people. It reflects the values of the society. Since the society is
dynamic, its realities keep on changing. The law must follow the change and
mould itself sympathetically. The change in law is therefore an outcome of a
change in social reality.
Sources of law-The sources of law are classified into two categories.
Firstly those sources from where the law derives its force and validity, ie.,
Formal sources and secondly the sources from which law derives the matter
of
of which it is composed, i.e., Material sources. Material sources comprise
Legal sources and Historical sources. Legal sources are in authoritative
law and
form. They can be in form of Enacted law, OCase law, Customary
Historical
Conventional law. The rest of the sources of law are termed as
decisions etc.
sources. They are un-authoritative. Juristic writings, foreign
courts from these
fall under this class. Only guidance can be taken by the
sources.
Kinds of law.-There are various kinds of laws-(i) Imperative law,
which prescribes a general course of action imposed by some enforcing

authority. When it consists of commands imposed by God upon men, it is

it is
called "divine" and when it comprises the rules imposed upon men,
or Scientific Law, which
called "human"; (ii) Physical Law or Law of Nature
uniformities and regularities of the
is the law of nature dealing with the
which embodies the principles of
universe; (iii) Natural Law or Moral Law,
is in form of rule or a system agreed
morality; (iv) Conventional Law, whichtheir
upon by persons for the regulation
of conduct towards each other, e.g.,
which is based on the custom or
rules of any society; (v) Customary Law,
or Technical Lauw, which
radition, actually observed by men; (vi) Practical
of certain ends; (vii) International
consists of the rules for the attainment
the sovereigm States and which
Law, that comprises rules acknowledged by
in their relations and conduct towards each
govern the sovereign States
other; (vii) Civil Law, which is the law of the land, imposedtaken by the State
and which carries legal sanction; (ix) Common Law, which is to mean
the whole of the law of England including equity; (x) Statute Law, which is
is based on equitable
made by the legislature; (xi) Lawofof equity, which
principles decided on the basis precedents laid down by judges; (xi)
relation
Constitutional Law, which consists of the rules governing the
between the sovereign and his subjects; (xii) Administrative Law, which
 INTERPRETATION OF STATUTES

14
of administrative
e Ae

deals with
Autonomic
and (xii)
the organization,
Special
Law, Law,
Martial Law
powers and duties
including Local Law,
and
Foreign Law,
International
ConventioOritie
Law as administ in
thorities
Conventional Law
Prize Courts.
Government has to
Three organs of GovernmentThe arry
function, executive funct ion
out
three kinds of functions, viz., legislative
function is performed through organs
judicial function. Each doctrine of separation of power r
constituted for the purpose. The
these organs from interfering in each others functions. The legislat
makes law. The executive function is discharged by the executive, whi lature
coupled with certain subordinate legislative powers which have be
have been
expressly delegated to it by Parliament or pertain to it by the common law

Legislation-Legislation means to make the law. The legislation i

that source of law which consists in declaration of legal rules by a competent
authority. Legislation means the formal utterances of the legislative organs
of the society.
Process of legislation-Legislation is the main source of law.
To
legislate is to make new law. As such any act having the effect of adding
altering, modifying or amending a law is an act of legislative authority. The
Parliament is the sovereign
authority having the power to legislate. The
Parliament consists of two Houses
namely Lok Sabha and Rajya Sabha. For
making of a law, a Bill ie introduced before either House. After discussions
and debate, the Bill is either
passed
passed by one House, it is sent to otherrejected by majority. If the Bill is
or
House. If the other House also
passes the Bill, then Bill is sent oto the
the President. Ril Other
receives Fresident's
Presidene's assent
assent. Bill becomes law after it

Enacted law or statute law-The law which has

legislation is termed its source in
"enacted law
as
or
enactment". The more familiar term,
however, is "statute law".
Supreme and
Legislature is supremesubordinate
legislation. As
legislation-The law mademade by
abrogated, repealed, annulled, modified such, the supreme law can be
itself. Sometimes or amended by the maker of
etc. are legislative
entrusted
functions like framing of rules and law
made by suchregulauo
to
the executive. The
authorities is calledsubordinate legislation. Itlaw execui
supreme authority. It can also be is subject to
validation or
any repealed
inconsistency, the supreme legislation shall by sovereign legislation. In cabeuof
Morals and have overriding effect.
individual. They are law.-Morals are the ethics
Common. Even today, theclosely related to law. The governing the e is
n

the morals are found origin of morals

name of justice,
on the equity, good faith
embedded in the fabric or w in
law-making
law which is power of the
and conscience. Morals put a re inta
they are part opposed
Opposed to the
of the mo legislature
morals
mo ure
of
since no
since r legislature can make
morals law, th
they are the test of society. Morals are the basis of law,
clearly
individuals. the
individuals, law, and of law. Yet
they are the end of law
aistinguishable
individual is law is focused on from law. Whereas morals
subject to the the
dictates of society asa morality the
his own consciefy
conscience but in law,
 INTRODUCTION 15

submits to the Will of organized society. No individual is bound to observe

morality but observance of law is mandatory. Morals have universal value
and generally they do not vary from society to society, time to time and place
to place whereas laws vary from society to society, time to time and place to
place.