Non Obstante
Legal definition for Indian law research
Definition
Non-obstante (notwithstanding), a licence from the Crown to do that which could not be lawfully done without it. Also, a clause frequent in statutes and letters-patent, importing a licence from the Crown to do a thing, which by Common Law might be done, but, being restrained by Act of Parliament, could not be done without such licence, Plowd. 501.
But the doctrine of non-obstante, which sets the prerogative above the law, was effectually demolished by the Bill of Rights at the Revolution of 1688, which enacts that no dispensation, by non obstante of or to any statute, or any prt thereof, shall be allowed, but that the same shall be held void and of none effect, except a dispensation be allowed in such statute.
A non-obstante clause is a legislative device usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary provisions, Union of India v. G.M. Kokil, AIR 1984 SC 1022 (1026): 1984 Supp SCC 196. [Bombay Shops and Establishments Act, (79 of 1948), s. 70]
But the doctrine of non-obstante, which sets the prerogative above the law, was effectually demolished by the Bill of Rights at the Revolution of 1688, which enacts that no dispensation, by non obstante of or to any statute, or any prt thereof, shall be allowed, but that the same shall be held void and of none effect, except a dispensation be allowed in such statute.
A non-obstante clause is a legislative device usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary provisions, Union of India v. G.M. Kokil, AIR 1984 SC 1022 (1026): 1984 Supp SCC 196. [Bombay Shops and Establishments Act, (79 of 1948), s. 70]
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.