Classification of Statutes
Classification of Statutes
A statute is a written law passed by a legislature. Statutes can be classified in several ways based on their nature, scope, purpose, and application.
1. Classification Based on Application
| Type | Description | Example |
|---|---|---|
| General Statutes | Apply to the entire country or a large group of people or subjects. | Indian Penal Code (IPC) |
| Local Statutes | Apply to a particular region, area, or locality. | Bombay Shops and Establishment Act (only applies to Bombay) |
2. Classification Based on Purpose
| Type | Description | Example |
|---|---|---|
| Substantive Statutes | Create, define, or regulate rights and duties of individuals. | Indian Contract Act, IPC |
| Procedural Statutes | Provide methods and procedures for enforcing substantive laws. | Code of Civil Procedure (CPC), Code of Criminal Procedure (CrPC) |
| Remedial Statutes | Designed to provide remedies or reliefs to individuals. | Specific Relief Act |
3. Classification Based on Time
| Type | Description | Example |
|---|---|---|
| Permanent Statutes | Meant to be in force indefinitely until repealed or amended. | The Constitution of India |
| Temporary Statutes | Enacted for a limited period or for a specific event/situation. | Ordinances, Emergency laws |
4. Classification Based on Scope
| Type | Description | Example |
|---|---|---|
| Ordinary Statutes | General laws passed by the legislature in normal process. | Most Acts passed by Parliament |
| Constitutional Statutes | Statutes that have a special status, amending or supplementing the Constitution. | Constitutional Amendments |
5. Classification Based on Origin
| Type | Description | Example |
|---|---|---|
| Enabling Statutes | Statutes that grant authority or power to an individual/body to act. | Companies Act (empowers company formation) |
| Restrictive Statutes | Statutes that limit or restrict powers or rights. | Official Secrets Act |
6. Classification Based on Legislative Intent
| Type | Description | Example |
|---|---|---|
| Mandatory Statutes | Statutes that require certain actions or compliance. | Income Tax Act |
| Directory Statutes | Statutes where compliance is important but non-compliance doesn’t invalidate proceedings. | Certain procedural laws |
Summary Table
| Basis of Classification | Types | Key Feature |
|---|---|---|
| Application | General, Local | Area or persons to whom it applies |
| Purpose | Substantive, Procedural, Remedial | What law governs or how it operates |
| Duration | Permanent, Temporary | Length of operation |
| Scope | Ordinary, Constitutional | Importance and legal status |
| Origin | Enabling, Restrictive | Powers granted or limited |
| Legislative Intent | Mandatory, Directory | Obligation level |
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