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'Declaratory statutes
The presumption against retrospective operation is not
applicable to declaratory statutes. As stated in CRAIES and
approved by the Supreme Court : "For modern purposes a
declaratory Act may be defined as an Act to remove doubts
existing as to the common law, or the meaning or effect of
any statute. Such Acts are usually held to be retrospective.
The usual reason for passing a declaratory Act is to set aside
what Parliament deems to have been a judicial error,
whether in the statement of the common law or in the
interpretation of statutes. Usually, if not invariably, such an
Act contains a preamble, and also the word 'declared' as well
as the word 'enacted'. But the use of the words 'it is declared'
is not conclusive that the Act is declaratory for these words
may, at times, be used to introduced new rules of law and
the Act in the latter case will only be amending the law and
will not necessarily be retrospective. In determining,
therefore, the nature of the Act, regard must be had to the
substance rather than to the form. If a new Act is 'to explain'
an earlier Act, it would be without object unless construed
retrospective. An explanatory Act is generally passed to
supply an obvious omission or to clear up doubts as to the
meaning of the previous Act. It is well settled that if a statute
is curative or merely declaratory of the previous law
retrospective operation is generally intended. The language
'shall be deemed always to have meant' is declaratory and is
in plain terms retrospective. In the absence of clear words
indicating that the amending Act is declaratory, it would not
be so construed when the pre-amended provision was clear
and unambiguous. An amending Act may be purely
clarificatory to clear a meaning of a provision of the principal
Act which was already implicit. A clarificatory amendment of
this nature will have retrospective effect and, therefore, if the
principal Act was existing law which the Constitution came
into force, the amending Act also will be part of the existing
law."