Nature of statues and their classification


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 mechanism 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 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. State and federal statutes are compiled in statutory codes that group the statutes by subject. These codes are published in book form and available at law libraries.


In the case, 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. 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.

How does a statute come into existence?

Classification of Statutes

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