Kinds and Parts of a Statute

Before interpreting a statute it helps to know what kind of statute it is and how it is built. The kind of statute often decides the rule of construction: a penal Act is read strictly, a welfare Act beneficially. Its parts, from the title to the schedules, each play a recognised role in fixing meaning. This note sets out the classification of statutes, the anatomy of an Act, and the principle that every part must be read together.

1. Kinds of Statutes

Figure 1: Five ways of classifying statutes

By duration

• Perpetual. Remains in force until repealed; most statutes are of this kind.
• Temporary. Fixes its own period of operation and lapses at its end unless extended; its expiry raises distinct questions about pending proceedings (Topic 22)

By method

• Mandatory. Must be strictly obeyed, and non-compliance invalidates what is done.
• Directory. Substantial compliance suffices, and non-compliance does not by itself invalidate the act (Topic 18)

By object

• Codifying. States exhaustively the whole law on a subject, statute and case law together, such as the Indian Contract Act 1872 (Topic 21)
• Consolidating. Collects the statutory law on a subject scattered across several Acts into one, usually without changing it.
• Declaratory. Removes doubt about the existing law, often expressly retrospective.
• Remedial. Cures a defect in the law or confers a new benefit, and is construed beneficially (Topic 8)
• Enabling and disabling. An enabling Act confers a power not previously available; a disabling Act restricts a right or power.
• Penal and taxing. Imposes punishment or a tax, and is construed strictly (Topics 9, 10)
• Amending, repealing, validating. Alters, ends or cures defects in existing law (Topics 21, 22)

By extent and operation

• General and special. A general Act applies to all persons and places within its scope; a special Act deals with a particular subject, and prevails over the general on that subject (Topic 16)
• Local and personal. A local Act applies to a particular area; a personal Act to particular persons or bodies.
• Prospective and retrospective. Statutes are presumed prospective; retrospective operation needs clear words or necessary implication (Topic 20)

2. Parts of a Statute

Figure 2: The anatomy of an Act

• Long title. Describes the general purpose of the Act; a legitimate aid where the meaning is doubtful.
• Preamble. States the reasons and objects; it can resolve ambiguity but cannot control clear words.
• Short title. A label for citation; of little interpretive value.
• Enacting formula. Shows the authority by which the Act is made, such as "Be it enacted by Parliament in the ... Year of the Republic of India".
• Extent and commencement. Fix where and from when the Act applies (Topic 20)
• Definitions. Fix the meaning of terms for the purposes of the Act; "means" is exhaustive, "includes" extensive.
• Headings and marginal notes. Indicate the subject of a group of sections or a section; limited aids.
• Provisos, explanations, illustrations, exceptions. Qualify, clarify, exemplify or carve out from the main provision.
• Saving and repeal clauses, schedules. Preserve rights or proceedings, end earlier law, and carry details forming part of the Act.

Each of these parts is examined as an aid to interpretation in Topic 12.

3. A Statute Must Be Read as a Whole

No provision is read in isolation. The meaning of a section is drawn from the Act as a whole, its scheme, its other provisions and its object. In Poppatlal Shah v State of Madras (1953) the Supreme Court held that a statute must be read as a whole, and that its expressions should be understood in the sense that best harmonises with its object. In Reserve Bank of India v Peerless General Finance (1987) the Court added that no part of a statute and no word of a statute can be construed in isolation; statutes have to be construed so that every word has a place and everything is in its place.

• Consequences. Provisions are harmonised where they appear to conflict (Topic 7), and no word is treated as surplus (Topic 17)
• Context includes. The other provisions of the Act, statutes in pari materia, and the mischief the Act was passed to remedy (Topics 5, 13)

4. Frequently Asked Questions

What is the difference between a codifying and a consolidating statute?

A codifying statute sets out exhaustively the whole of the law on a subject, gathering both earlier statutes and the principles laid down in decided cases, so that the code becomes the primary source of that law. A consolidating statute brings together the statutory provisions on a subject that were scattered across several Acts into a single Act, ordinarily without altering their substance. A codifying Act is read on its own terms; a consolidating Act is presumed not to change the law it consolidates.

What are the main parts of a statute?

A statute usually contains a long title, a preamble in older Acts, a short title, an enacting formula, clauses on extent and commencement, a definitions section, the operative sections with their headings or marginal notes, and provisos, explanations, illustrations and exceptions qualifying them. It ends with saving and repeal clauses and any schedules. Each part has a recognised role and weight as an aid to interpretation.

Why must a statute be read as a whole?

Because the meaning of a provision depends on its context. Reading the statute as a whole reveals its scheme and object, shows how its provisions relate to one another, and avoids interpretations that would make another provision redundant or contradictory. The Supreme Court applied this principle in Poppatlal Shah v State of Madras (1953) and Reserve Bank of India v Peerless General Finance (1987).

5. Related Topics

• Topic 12: Internal Aids to Interpretation. Each part of the statute as an aid.
• Topic 7: Harmonious Construction. Reconciling provisions read together.