Law:

Section:

REMARKS

The proper way to construe a non obstante clause is first to ascertain the meaning of the enacting part through a fair construction of its words. The meaning so ascertained is then to be taken as overriding anything inconsistent with it in the provisions mentioned in the non obstante clause. A non obstante clause is usually used in a provision to indicate that such provision should prevail despite anything to the contrary in the provisions referred to in the clause. In case of any inconsistency between the non obstante clause and another provision, one of the purposes of such a clause is to ensure that it prevails over the conflicting provision. However, it does not necessarily mean that there must be repugnancy between the two provisions in all cases. The principle underlying a non obstante clause may be invoked only in cases of irreconcilable conflict.

 Summary | RFA No. 38-A/2021 (Mujahid Ali Shah v. Muhammad Zohaib):Jurisdictional Error