Non-Obstante Provisions In Statutes

Introduction

Legislations are intended to address issues involving specific subject matter. A right granted under one legislation may be affected by the provisions of another legislation. A logical question that follows is – which provision would prevail? The obvious answer is that the legislation dealing with the specific subject matter should prevail over general legislation.

Further, what happens if both the legislations in question contain provisions which state that the legislation in question would apply notwithstanding anything inconsistent therewith contained in any other law?

Specific issues surrounding the above questions are dealt with by the Hon'ble Supreme Court with respect to the provisions of the Electricity Act, 2003 in relation to the Insolvency and Bankruptcy Code, 2016 ('IBC'), in Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Private Limited ('PVVN Case').