A Consolidating Statute is a type of legislation that brings together and organizes existing statutes on a particular subject into a single, unified statute. The main aim is to combine and simplify the law, especially where multiple laws have developed over time in a piecemeal fashion.
Consolidation does not involve changing the substance of the law. It merely collects and arranges existing laws in an orderly manner, often repealing earlier enactments and replacing them with a single comprehensive code. It is primarily a technical and administrative process, not a substantive one.
The process is helpful for clarity, accessibility, and ease of reference. It reduces duplication, resolves inconsistencies, and allows practitioners and the public to find the law in one place.
Features of Consolidating Statutes:
- The purpose is to simplify and unify existing law on a specific topic.
- The statute does not alter the legal effect of the existing provisions.
- It often repeals earlier fragmented statutes covering the same subject.
- Interpretation must be done with reference to the original intent of the law before consolidation.
- Courts generally interpret such statutes literally, since no change in substance is intended.
Example:
Suppose there are separate laws on property registration passed in different years. A consolidating statute may bring them together into one Property Registration Act, repealing the older laws and providing a single source for property-related legal provisions.
In India, an example is the Indian Penal Code, 1860, which consolidated various criminal laws into a single statute.
Interpretation Principle:
When interpreting a consolidating statute, the court assumes that the substance of the law remains unchanged. The interpretation should reflect the meanings the provisions had under the original laws, unless the language of the new statute indicates a change in intent.
Code to Remember the Answer: “CLEAR”
| Letter | Stands For | Explanation |
|---|---|---|
| C | Combine | It combines multiple laws into a single statute. |
| L | Literal Interpretation | It is interpreted literally unless change is clearly intended. |
| E | Existing Law Continued | The original law’s effect is preserved. |
| A | Administrative Purpose | The goal is simplification, not substantive change. |
| R | Repeals Older Statutes | It replaces and repeals older fragmented laws. |
