Indian Polity · Polity
Adding the words 'notwithstanding Section 170(3)' in an Act can change the statutory position. Which of the following legal principles does this highlight regarding non obstante clauses?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1A non obstante clause in a statute can override other statutory provisions but not constitutional restrictions.✓
- 2A non obstante clause allows Parliament to amend the Constitution without following the amending procedure.
- 3Statutory non obstante clauses can bind the judiciary from interpreting constitutional provisions.
- 4A non obstante clause has the same status as a constitutional amendment.
Correct answer
A non obstante clause in a statute can override other statutory provisions but not constitutional restrictions.
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