Interpretation of

Statutes
Enabling, Consolidating and
Codifying Statutes
Enabling, Consolidating and
Codifying Statutes

Submitted to: Ms. Nehmat Bajwa

(Professor, University Institute of Legal
Studies, Panjab University, Chandigarh)
Submitted by: Sameer Vats
Student LLM. Two years evening,
UILS,PU
 Acknowledgement
 I would like to thank my Professor Ms. Nehmat Bajwa, who gave me a golden
opportunity to work on the project ‘Enabling, Consolidating and Codifying
Statutes ‘
 I must also thank my parents and friends for the immense support and help during
this project. Without their help, completing this project would have been very
difficult.
 Introduction

 WHAT IS A STATUTE?
 Before proceeding further, we would have to dive deep and understand what is a statute and what are its characteristics,
what are its classifications and what are its basic elements.
 A statute is a written law passed by a legislature on the state or federal level. Statutes set for the general propositions of law
that courts apply to specific situations. A statute may forbid acertain act, direct a certain act, make a declaration, or set forth
governmental mechanism toaid society.
 A statute begins as a bill proposed or sponsored by a legislator. If the bill survives the legislative committee process and is
approved by both the 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 on the state level).
 When a bill becomes law, the various provisions in the bill are called statutes. The term statute signifies the elevation of a
bill from legislative proposal of law.
 .
 Introduction
 State and federal statutes are compiled in statutory codes that group the statutes by subject. These codesare published in
book form and available at law libraries
In the case of:
 CST Vs Mangal Sen Shamlal, AIR 1975(4) SCC 35,
 the court observed that a statute is supposed to be an authentic repository of the legislative will and the function of a court is
to interpret in according to the intent of those that made it. The legislature as the representative of the people of a nation or
the people of the state expresses its will and such expression of the will in accordance with constitution provision is a
statute. According to:
 Black’s Law Dictionary
 the word “Statute” denotes an act of legislature declaring,
 commanding or prohibiting something i.e., the written will of legislature. Solemnly expressed according to the forms
necessary to constitute it, the law of the state, may be declaratory or mandatory in nature.
 Introduction
 A statute has been made taking into consideration of matters like promotion of public justice, social gain, public policy,
humanist consideration and the legislature tries its best to avoid any length of litigation regarding its intention

 INTERPRETATION
 According to Gray, The process by which a Judge (or indeed any person, lawyer or layman who has occasion to search for
the meaning of a statute) constructs from the words of Statute book a meaning which he either believes to be that of a
legislature or which he proposes to attribute to it, is called interpretation.

         According to Subba Rao J. "Interpretation is the method by which the true sense or the meaning of the word is
understood." (The State of Jammu and Kashmir V. Thakur Ganga Singh
 SALMOND has defined interpretation as “the process by which the Courts seek to ascertain the meaning of the Legislature
through the medium of authoritative forms in which it is expressed.”
 Classification of Statutes
 A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law
that courts apply to specific situations.
 A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid
society. A statute begins as a bill proposed or sponsored by a legislator.
 If the bill survives the legislative 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 on the state level).
 When a bill becomes law, the various provisions in the bill are called statutes.
 The term “statute” signifies the elevation of a bill from legislative proposal to law. State and federal statutes are compiled in
statutory codes that group the statutes by subject.
 Classification of Statutes
 These codes are published in book form and are available at law libraries. Law making powers are vested chiefly in elected
officials in the legislative branch. The vesting of the chief law making power in elected lawmakers is the foundation of a
representative democracy. Aside from the federal and state constitutions, statutes passed by elected lawmakers are the first
laws to consult in finding the law that applies to a case. A statute may be generally classified with reference to its duration,
method, object and extent of application.
 A. Classification with reference to duration.
Such a mode classifies a statute as:
1) Temporary Statute.
2) Permanent Statute.

A temporary statute is one where its period of operation or its validity has been fixed by the statute itself. Such an Act
continues in force, unless repealed earlier, until the time so fixed. A permanent statute on the other hand, is one where no
such period has been mentioned but this does not make the statute unchangeable; such a statute may be amended or
replaced by another act.
 Classification of Statutes
 B. Classification with references to method.
Such a mode classifies a statute as:
1) Mandatory, imperative or obligatory statute.
2) Directory or Permissive Statute.

A mandatory statute is one which compels performance of certain things or compels that a certain thing must be done in a
certain manner or form. A directory statute on the other hand, merely directs or permits a thing to be done without compelling
its performance.

According to Crawford a mandatory statute may be defined as one whose provisions or requirements, if not complied with, will
render the proceedings to which it relates illegal and void. While a directory statute is one where noncompliance will not invalidate
the proceedings to which it relates.
In Chandrika Prasad Yadav v. State of Bihar AIR 2004 SC 2037, it was laid down that the question as to whether a statue is
mandatory or directory wouldn’t depend upon the phraseology used therein The principles as regard the nature of statute must be
determined having regard to the purpose and object the statute seeks to achieve.
 Classification of Statutes
 A statute may be classified with reference to its object as:
1) Codifying Statute
2) Consolidating Statute.
3) Declaratory Statute
4) Remedial Statute.
5) Enabling Statute.
6) Disabling Statute.
7) Penal Statute.
8) Taxing Statute.
9) Explanatory Statute.
10) Amending Statute.
11) Repealing Statute.
12) Curative or Validating Statute.
 Now we approach the very focal point of our discussion, where we focus on what are Enabling, Codifying and
Consolidating statutes, their Characteristics and the differences between them,
 Enabling, Consolidating and Codifying
Statutes
 CODIFYING STATUTES

 Codifying statutes are passed to codify the existing law. These acts or statutes are which purport to state exhaustively the
whole of the law upon a particular subject including pre-existing and common laws. The purpose of codifying statute is to
present an orderly and authoritative statement of the leading rule of law on a given subject. Eg: Code of Civil Procedure,
1908.Codification systematizes case-law as well as statutes. The codifying Act is presumed not to alter the law unless a
contrary intention appears. Lord Herschell observed that the principles applicable for construction of codifying statutes are
two:
 A) Firstly, the language of the statute should be examined; and
 B) Secondly, natural meaning of the statute should be looked for without getting influenced by any considerations as to
previous state of law. The law should be ascertained by interpreting the language used, instead of, as before, by roaming
over a vast number of authorities in order to discover what the law was, an appeal to earlier decisions can only be justified
on some special ground.(Bank of England v. Vagliano Brothers, 1891 AC)
 Enabling, Consolidating and Codifying
Statutes
 Acc. To Crawford – “The object of a revision or codification…. Is to clarify existing statute law and make it easily found.
Consequently it is really more than a mere restatement. A re examination of the exiting statute law is necessarily implied.
But the restatement may be in the original language of the statute.
 Or words and phrases may be altered, new matter incorporated, and statutes even omitted from the revision or codification.
And after the revision or codification has been adopted, it becomes the reservoir of all the statute law on the subjects
indicated by various titles; the revision being a substitute for the displacing the former law.
 As a result, any errors must be corrected by legislative amendments after the revision or code has been enacted into law…
Not only may the statutes composing the codification be relocated but their language may also be changed.
 Generally, however, the revision is simply a re-statement of existing statute law, either in the same or in substantially the
same language.
 Where this is true, the old statutes are continued without any change in their meaning, but in many instances, the language
of existing statutes are substantially altered; words may be added or omitted; phraseology and punctuation changed.
 Enabling, Consolidating and Codifying
Statutes
 In such instances, however, there is a presumption that the legislature did not intend to change the meaning of the statute,
unless the intent to do so is clearly apparent.
 Where it is the intent of the legislature to make a change in the statutes meaning it must be given effect… a code is simply a
part of the statutory law and has no higher standing or sanctity than an ordinary statute
 According to Craies Codifying Acts codify the existing law. The object is not merely to declare the law upon some particular
subject but to declare it in the form of code.
 In Joseph Peter V. State of Goa ,Daman and Diu, the court laid down that a code is self contained and complete and that
marks a distinction between a code and ordinary law. It is only in exceptional situations like to remove some doubt or where
the code is silent recourse to the [reviosn law may be justified. Where the language is clear no recourse to the previous law
can be taken.
 In W.T.Commissioner v. Chander Sen Section 8 of the Hindu Succession Act was in question. Section 8 of the Act
includes son and excludes grandson as a legal heir but includes son of a predeceased son as legal heir. The court laid down
that the express words of section 8 can’t be ignored and must prevail. With that the express language which excludes son’s
son but includes son of predeceased son can’t be ignored.
 Enabling, Consolidating and Codifying
Statutes
 CONSOLIDATING STATUTES
 It is the Statute which consolidates the law on a particular subject at one place.  A Consolidating Statute is one which
collects all statutory provisions relating to a particular topic in one place into one Legislative Act with minor amendments and
improvements, if necessary. 
 While integrating a consolidating Act a presumption exists that the legislature does not intend to change the existing law
because it has only collective or relevant existing statutory provisions, which always specified a topic at one place and has
not enacted new legislation.
Consolidating Statute According to Craies consolidation is the reduction into a systematic form of the whole of the statute
law relating to a given subject.
 The purpose of the consolidating statute is to present the whole body of statutory law on a subject in complete form
repealing the former statutes.
 (1) Arbitration and Conciliation Act ,1996 – An Act to consolidate the law on Arbitration in India - Arbitration Act 1940,
Arbitration (Protocol and Convention) Act,1937, Foreign Awards (Recognition and Enforcement) Act1961.
 Enabling, Consolidating and Codifying
Statutes
(2) The Code of Criminal Procedure 1973. Entire law relating to criminal procedure as found in different statutes has been
consolidated.
 In Mac Connell v. Prill (E) and co. Ltd.(1916) 2 Ch. 57, the court held that the rule enunciated by Lord Herschell with
reference to codifying statutes can be usefully applied to a Consolidating and Amending statute.
 In Sundaram Finance Ltd. v. NEPC India Ltd, the Apex Court laid down that the Arbitration and Conciliation Act 1996 is
very different from the Arbitration Act 1940. The provisions of this Act have therefore to be interpreted and construed
independently.
  It has been said that the Consolidating Act should be interpreted reasonably with reference to its context.
 The Court Nowadays say that a consolidated Act that should also follow the same canons of construction as are being
followed in respect of other Statutes and that there are no separate rules of construction of a consolidating Statute. 
 However, in such cases where in spite of the best efforts of the court any ambiguity remains then reference can be made to
the interpretation given in the past to the repealed enactments which have been consolidated to form the present Act.
 Enabling, Consolidating and Codifying
Statutes
 ENABLING STATUTES
An enabling statute enables something to be done. It basically gives power to do something. According to Craies many statutes
have been passed to enable something to be done which was previously forbidden by law, with or without prescribing the way it
is to be done.
He further says one of the principles of law with regard to the effect of an enabling Act is that if legislature enables something to
be done , it gives power at the same time, by necessary implication to do everything which is indispensible for the purpose of
carrying out the purpose in view.
For example under the Essential Commodities Act, power is given to delegate and fix up the rates for various essential
commodities like rice, sugar etc. In exercise of this power the delegate makes a rule for fixing rates of wheat falling in the same
category. Mention of rice and sugar by way of particularization or illustration would not limit the general power to fix up the price
of any essential commodity.
Enabling statute creates new agencies and incorporating their purpose and power by defining the rules and formalities. Though
the power may differ from one agency to another, there is a possibility to make accurate generalizations about the power of a
typical administrative agency.
 Enabling, Consolidating and Codifying
Statutes
 Maxim “Expressio unius est exclusio alterius” in English means “express enactment shuts the door to further implications”.
In the other words, we will say that it expresses a particular rule which states that where the legislature expressly lays down,
various terms and modes of handling the matter, it excludes any other mode except as specifically authorized. Under certain
cases, the words must be read to hide the case.
 However, the words so read to hide it by reasonable construction may sometimes point more exactly to a different case.
These cases are clearly within the mischief. Thus, it’s important to supply a cloak to the case instead of making it a casus
omissu

 In V.M. Kurian v.State of Kerala 

 When the government of Kerala granted exemption from the operation of the Kerala Building Rules 1984 for
the development of a high rise building in Cochin without the advice of greater Cochin Development
authority and therefore the Chief Town Planner as provided within the rules, the Supreme Court held that
the order was ultra vires.
 Enabling, Consolidating and Codifying
Statutes
 Enabling statutes is vital to make sure that provisions are in situ which give the policy and its representatives’ clear legal
authority to access facilities and records.
 When problems with access arise, the enabling statutes are used because of the tools to resolve these issues quickly.
Those tools include the authority of the policy or another entity within the state.
 Thus, to conclude, it is often said that if the subordinate or delegated legislation goes beyond the scope of the authority
concerned on the delegate or it’s in conflict with the Parent or enabling clause, it’s called substantive ultra vires.