Operation of Statute

Question 1

What does commencement mean?

Answer 1

Section 3(13) of the General Clauses Act, 1897 defines commencement as the day the Act comes into force.

Question 2

Steps preceding commencement

Answer 2

(Diagram)
President or Governor’s Assent - Publication in official gazette - Operation and Commencement

Question 3

Types of commencement

Answer 3

Commencement may be postponed to
1. Some specified furture date
2. to such date as appropriate government may notify, with official gazette of the state
3. Different dates for different parts of the act coming into force

Question 4

What if an ordinance is approved by the legislature and enacted as an act?

Answer 4

When act is preceded by an identically worded ordinance and the act contains a provision that “all actions are orders under the ordinance are deemed to have been under the act” then the act will be deemed to have been in operation from the date of the commencement of the ordinance
[Fuest Day Lawson Ltd. v. Jindal Exports Ltd.]

Question 5

When can court direct for bringing into force of a provision or statute

Answer 5

Altmesh Rein v. UOI

Question 5

When can court not direct the government

Answer 5

When the enforcement of statute or a provision is left to the discretion of the government without laying down any objective standards as to the usage of it, then no writ of mundamus can be issued to the government to enforce such statute or provision.
[Common Cause v. UOI]

Question 6

When can court stay the operation of a statute

Answer 6

Bhavesh D Parish & Co v. UOI

Question 7

What is a retrospective statute

Answer 7

One takes away or impairs vested rights acquired under existing law in respect of transactions or considerations already past

Question 8

What is the cardinal rule of prospective application

Answer 8

Some latin thing idk
“New law ought to regulate what is to follow and not the past”
The construction of every statute is prima facie prospective unless it is expressly or by necessary implication made to be retrospective.

Question 9

When can the presumption against retrospective operation be rebutted by necessary implication

Answer 9

1. When the new law is enacted to acknowledge evil for the benefit of the community
2. When the statute merely takes into account past events
3. When the statute applies to pre-amended acts

Question 10

How to determine if a statute operates prospectively or retrospectively

Answer 10

1. Mostly on the basis of legislative intent
2. Nature of the rights are to be first considered:
3. If the rights are VESTED, then the amendment will be considered prospectively
4. If the rights are mere procedural and the terms of the statute are clear and unambigious that the legislature intended the act to operate retrospectively, then it must be construed to be so
5. If the rights are mere procedural but the terms of the statute are not clear and are ambigious, then it will be considered prospectively

Question 11

Types of Retrospective laws that are not valid

Answer 11

1. Law that makes action done before passing of law punishable
2. Law that increases the punishment than when it was committed
3. Law that aggravates a crime or makes it greater than it was
4. That alters legal rules of evidence and requires less or different testimony to convict offenders

Question 12

Law relating to change of forum

Answer 12

If the new acts requires certain types of original proceedings to be instituted before a special tribunal and to exclude civil courts,
then all proceedings (regardless of when the cause of action arose) shall be before the new tribunal

Question 13

Fiscal statute

Answer 13

Tax laws are in force in the assessment year, unless explicitly provided or by necessary implication

Question 14

Vodafone Case