In legal drafting, some phrases carry the power to silence every other provision—and the non obstante clause is one of them. Often introduced with the words “Notwithstanding anything contained in…”, this clause acts like a legal override button. It ensures that when two rules clash, one emerges unquestionably supreme. Understanding this small but mighty tool is essential for anyone navigating statutes, contracts, or court judgments.
What Is a Non-Obstante Clause?
A non obstante clause typically starts with:
“Notwithstanding anything contained in…”
In simple terms, it means:
- This rule applies even if other rules say something different.
- This clause overrides any conflicting provisions.
Simply put:
“Forget what the other rules say—this one comes first.”
It acts as a priority rule that governs in case of inconsistency.
Also called Overriding Clause
Purpose of a Non-Obstante Clause
- Prevent contradictions between provisions
- Establish one rule as superior
- Ensure clarity when overlapping provisions exist
- Remove interpretive ambiguity
- Protect specific legislative intent
How Courts View Non-Obstante Clauses
Courts recognise their strength but limit their scope. They interpret these clauses:
- Narrowly: only to the specific conflict they address
- Contextually: to avoid nullifying unrelated provisions
- Harmoniously: ensuring consistency with constitutional principles
The Supreme Court in Union of India v. G.M. Kokil explained that a non-obstante clause overrides contrary provisions within the same or another statute.
In Orient Paper and Industries Ltd. v. State of Orissa, the Court described such clauses as expressions of “the widest amplitude”, capable of overriding statutory, judicial, or customary rules—subject only to the Constitution.
Illustrative Example from Statute
Section 32A of the NDPS Act provides:“Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force, no sentence awarded under this Act shall be suspended, remitted, or commuted.”
Here, the clause ensures that NDPS sentences cannot be reduced—even if the CrPC normally allows suspensions or remissions.
Daily-Life Example
Society Rule: “Guests are not allowed after 10 PM.”
New rule:
“Notwithstanding anything contained in the earlier rules, emergency guests are allowed at any time.”
Meaning:
- The 10 PM rule still exists
- Emergency guests are exempt
- The new rule overrides the old one in emergencies
Legal-Style Example
“Notwithstanding anything contained in any other rule of this society, the President may allow the community hall to remain open till midnight for festivals.”This clearly gives the President’s decision precedence over conflicting rules.
Can You Start a Clause With “Non-obstante”?
Many people wonder if they can write:
❌ “Non-obstante any other rule…”
The answer is: No.
- Here’s why:
- “Non obstante” is a Latin phrase
- Modern legal drafting does not use it
- The standard legal expression is:
✅ “Notwithstanding anything contained in…”followed by the rules or provisions you want to override.
This is the correct and accepted form in legal agreements, bylaws, contracts, and statutes.
Correct Drafting Format
Always draft as:
“Notwithstanding anything contained in…”Example:
followed by the rules or provisions you want to override.
“Notwithstanding anything contained in the existing rules of the Society…”This ensures clarity and enforceability.
Different Drafting Styles for ‘Notwithstanding Anything Contained…’
Non obstante clauses can be tailored in multiple ways. Below are the most widely used formats:
1. Broad, All-Encompassing Override
Format: Notwithstanding anything contained in this Agreement…
Use: When the clause must override the entire document.
Example: Notwithstanding anything contained in this Agreement, the Company may terminate the contract without notice in cases of fraud or wilful misconduct.
2. Limited Override (Specific Provisions Only)
Format: Notwithstanding anything contained in Clause X or Clause Y…
Example: Notwithstanding anything contained in Clauses 5 and 7, the Tenant may sublet the premises for up to three months during renovation.
3. Override of Specific Rules / Acts
Format: Notwithstanding anything contained in any other rule/regulation of this Society…
Example: Notwithstanding anything contained in these Rules, the President may permit the community hall to remain open till midnight during festivals.
4. Conditional Override
Format: Notwithstanding anything contained herein, if [event occurs]…
Example: Notwithstanding anything contained herein, if the Employee suffers permanent disability, full benefits shall become immediately payable.
5. Section-Specific Override
Format: Notwithstanding anything contained above/below…
Example: Notwithstanding anything contained above, no refund shall be issued after 30 days.
6. Subject-Matter Specific Override
Format: Notwithstanding anything contained in this Chapter regarding [subject]…
Example: Notwithstanding anything contained in this Chapter regarding procurement timelines, emergency purchases may be made without tender.
7. Override with Exceptions
Format: Notwithstanding anything contained herein, except as provided under Clause X…
Example: Notwithstanding anything contained herein, except as provided under Clause 9, the Supplier shall not be liable for delays caused by force majeure events.
8. Override Affecting Third-Party Agreements
Format: Notwithstanding anything contained in any other agreement between the Parties…
Example: Notwithstanding anything contained in any other agreement between the Parties, confidentiality obligations under this Agreement shall survive termination.
9. Override Connecting to Statutory Compliance
Format: Notwithstanding anything contained herein, applicable laws shall prevail in case of conflict.
Example: Notwithstanding anything contained herein, statutory minimum wages shall prevail in case of inconsistency.
10. Final Supremacy Clause at the End of a Document
Format: Notwithstanding anything contained anywhere in this Document…
Example: Notwithstanding anything contained anywhere in this Document, Clause 18 (Indemnity) shall prevail in case of inconsistency.
Conclusion
Non-obstante clauses are powerful drafting devices that ensure one provision prevails over others. While the classic expression is “Notwithstanding anything contained…”, courts interpret them strictly within the intended conflict. Used carefully, they provide clarity, hierarchy, and conflict resolution in contracts, statutes, and bylaws.
Keep learning. Every word you understand strengthens your legal voice.
...Anupama Singh
Anupama Singh | Legal Blogger | Lawyer Lingo
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