Statutes: Meaning and Classification

In one line

A statute is a law made by a legislature and written down, and statutes are classified by what they are trying to do, because the class a statute belongs to decides how it will be read.

In the wording a student can write in an exam: a statute is the will of the legislature expressed in writing and enacted in the form the Constitution prescribes; section 3(19) of the General Clauses Act 1897 provides that "enactment" shall include a Regulation and any Regulation of the Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in any such Regulation; and article 13(3)(a) of the Constitution, for the purposes of Part III, includes within "law" any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

Why the classification matters, and it is not a list to be memorised

A student meeting this topic assumes it is a taxonomy to be learnt and reproduced. It is not, or rather it is not only that. The class a statute belongs to decides the rule of construction that applies to it.

A penal statute is construed strictly, so that a doubt goes in favour of the subject. A welfare statute is construed beneficially, so that a doubt goes in favour of the person the Act was passed to protect. A taxing statute is construed strictly for the charge and, since 2018, strictly against the assessee for an exemption. A consolidating Act is presumed not to change the law; an amending Act is presumed to change it.

So the classification is the bridge between this module and Module IV. That is why it is on the syllabus, and an answer that says so is a better answer.

Statute and enactment

Statute

A statute is a formal written law enacted by a competent legislature. In India that means an Act of Parliament under article 245 read with article 246 and the Seventh Schedule, or an Act of a State legislature within its competence.

Enactment

Section 3(19) of the General Clauses Act 1897: "enactment" shall include a Regulation and any Regulation of the Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in any such Regulation.

Two things follow. The word is wider than "Act", because it reaches Regulations. And it is narrower in a different direction, because it also means a single provision: "the enactment in section 12" is correct usage.

The family of related words, all defined

The General Clauses Act defines the whole vocabulary, and knowing where each sits is worth marks.

"Central Act", section 3(7): an Act of Parliament, including an Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution, and an Act made before that commencement by the Governor General in Council or the Governor General acting in a legislative capacity.