A Non Obstante Clause is a legal expression derived from the Latin phrase “non obstante”, meaning “notwithstanding anything contained”. In statutory language, it is used to give a provision overriding effect over other conflicting provisions either in the same statute or in different statutes.
A typical non obstante clause begins with the words:
“Notwithstanding anything contained in…” followed by a reference to a particular section, chapter, or statute. This clause indicates that the provision containing it will prevail, even if it contradicts or conflicts with any other legal provision referred to.
The presence of a non obstante clause gives the section primacy, and courts interpret such clauses as expressing the legislature’s clear intention to override the ordinary operation of law or any inconsistent legal provision.
Key Features and Principles:
A non obstante clause:
- Overrides conflicting laws: It is used to neutralize the effect of any contrary provision within the statute or in another law.
- Shows legislative intent: It reflects the legislature’s decision to give that provision supremacy.
- Must be strictly construed: Courts interpret non obstante clauses carefully to ensure they do not go beyond what was intended.
- Does not apply if no conflict exists: The clause has overriding effect only when there is actual inconsistency.
- Cannot override constitutional provisions: A non obstante clause cannot make a provision valid if it violates the Constitution.
Example:
Section 1 of a statute may state:
“Notwithstanding anything contained in this Act or any other law for the time being in force, the government may…”
This means that even if another section of the same Act or any other law says otherwise, this provision will apply and will have overriding force.
Judicial Position:
In ICICI Bank v. SIDCO Leathers Ltd. (2006), the Supreme Court of India held that a non obstante clause is used by the legislature to give overriding effect to a particular section, and it must be given full effect unless it violates constitutional provisions or leads to absurdity.
Code to Remember the Answer: “POWER”
| Letter | Stands For | Explanation |
|---|---|---|
| P | Prevails | The clause gives the provision supremacy over conflicting laws. |
| O | Overrides | It overrides other provisions within the same or other statutes. |
| W | Words of Intent | Shows clear legislative intention to give special importance. |
| E | Effective Only if Conflict | Applies only when there is a real inconsistency or contradiction. |
| R | Restrained by Constitution | It cannot override constitutional limits or protections. |