DATE-WISE THEORY to record the statute, rules, notifications:
Lawmakers introduce a statute
and may amend any provisions or sections according to the
need of time. The publishers usually publish the statutory
books on a specific date. After some time, they may publish
another edition of the same book after incorporating all the
amendments therein.
In the prevalent law record
system, the law books (Bare Acts) merely reflect the law on
the date of its publication and the law books do not throw
any light on the law prevailing at any date preceding to or
onward to the date of its publication. Although, the short
notes are available in the law books about the amendments
made in the concerned provision/section but they do not serve
the true purpose. The short notes do provide to some extent
brief history of a section but totally ignore the original
text of that particular section at a date proceeding to the
date of its publication. For the old matters in the Courts,
the original text of the old law is necessarily required for
consideration and dispensation of justice.
In the present law record
system in book shape or computerized form, it is difficult
and complicated to find out a provision of law at any specific
preceding date, not only for the Courts but also for the Lawyers
and other persons engaged in the search, study and interpretation
of law especially when there are large number of amendments
in any provision of a statute, rule or notification.
This is why I have introduced
a new procedure to record statutes, rules or notifications
on date-wise basis and named it as "Date-wise
Theory for the development of law''.
In my opinion, each section
should be preserved in a statute book in its original form
and when any amendment is made in it, the complete amended
text of the same section should also be brought to the book
indicating the change and its date and so on. It means in
a statute book every section should not be recorded once but
repeatedly with reference to each change on date-wise basis.
Fiscal Statutes are rapidly amended and it is most important
to maintain its record on the aforesaid date-wise basis. Neither
the jurists nor the research scholars ever thought to develop
such a mechanism, I believe this is the most important aspect
for correct interpretation of law.
OTHER CONCEPTS FOR
PROPER INTERPRETATION OF LAW
Note: "CLRRS"
refers to "Computerized Law Record/Retrieval
System".
Words mentioned
in a section of a statute and specially defined in another
section of the same statute:
When some one studies a section
of a statute and ignores the meanings of the words specially
defined therein, he may wrongly interpret that particular
section. This is why I have made an automatic search facility
in the CLRRS to find out the words mentioned in a section
and defined in another section of the same statute.
Sections referred
in a particular section of a statute:
One can not truly interpret
a section of a statute without studying sections referred
in that particular section. For this purpose an automatic
searching is available in CLRRS.
Search for
the corresponding sections in the same statute during the
study of a particular section of a statute:
One can not truly interpret
a section of an enactment without going to the other corresponding
sections of the same statute in which that particular section
has been referred to. For this purpose an automatic searching
is available in my CLRRS.
Search for
the subject contained in a section of the statute and in the
Rules, Notifications, Circulars or Clarification issued under
the same statute involving the same subject:
An automatic search facility
for this purpose is available in CLRRS.
Search Centre
for the study of complete library or a selective part of library
on a given subject of any branch of law:
In the CLRRS, there is a
Search Centre for the study of complete library or a selective
part of library on a subject entered by the user. This centre
provides access to the user to main Act or Ordinance, rules,
notifications, circulars etc., case law of Superior Courts
on any subject of that law at one time.
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