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Non-Obstante Clause

Canons of Statutory Interpretation

Definition

A statutory drafting device introduced by the phrase "Notwithstanding anything contained in...", designed to give the enacting section overriding legal effect over other specified provisions, sections, or general laws.

Example

In Sarwan Singh v. Kasturi Lal, the Supreme Court held that when two conflicting statutes each contain a non-obstante clause, the later enactment containing the clause generally prevails over the earlier Act.