1) What is statute -
A statute means any Law, Enactment, Act. "A Statute is a formal written enactment of Legislative authority that governs a country, state, city or county. Generally, Statute can be classified with reference to its duration, Method, Object, and extent of Application.
Read... Classification of Statute
2) What is consolidating statute -
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.
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efforts of the court any ambiguity remains then reference can be made to the interpretation given in the past to the repealed enactments which have been consolidated to form the present Act.
Examples -
In England the law of Property Act 1925 which consolidated the Acts of 1922 and 1924 (Act No. 2 of 1974) if consolidating Act. Similarly, in Australia, the New South Wales Justice Act 1902 is a Consolidating Act. In India, the code of Criminal Procedure, 1974 is a consolidating Statute relating to Criminal procedure.
In England the law of Property Act 1925 which consolidated the Acts of 1922 and 1924 (Act No. 2 of 1974) if consolidating Act. Similarly, in Australia, the New South Wales Justice Act 1902 is a Consolidating Act. In India, the code of Criminal Procedure, 1974 is a consolidating Statute relating to Criminal procedure.
3) Purpose/Object of consolidating statute -
The purpose of a Consolidating Act is to present the whole body of statutory law on a subject in a complete form repealing the earlier Acts, however, a consolidating act may not be a mere compilation off earlier statute.
4) Relevant case law -
Beswick vs Beswick, 1968, A.C 58
In this Case, Court Stated that very object of consolidation is to collect statutory law bearing upon a particular subject to bring it down to date, in order that it may form a useful code applicable to the circumstances existing at the time when the Consolidating Act is passed.
State of West Bengal Vs Nipendra Nath AIR 1966, S.C 477
In this case, the Supreme Court of India, Stated that there to find out the meaning of law, recourse may legitimately be have to a prior state of Law, the evil sought to be removed and the process by which law was evolved.
See also...
1. Expiry of Statutes, Effects of Expiry of Statute
2. Taxing Statute (Fiscal Statute) | Law of Interpretation of Statute
3. Golden Rule of Interpretation | Law of Interpretation of Statute
4. Movable Property | Interpretation of Statute
5. What is the Remedial Statute, Difference between Remedial Statute and Penal Statute
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