Non-obstante Clause:

Non-obstante clause- notwithstanding anything contained/ in opposition

to/ in spite of/ what has been stated/ is to be stated or admitted.

It is a Latin word meaning “Notwithstanding”. Words anciently

used in public and private instruments, intended to preclude, in advance,
any interpretation contrary to certain declared objects or purposes.
[Black’s Law Dictionary]

Background- A clause in old English statutes and letters patent,

importing a license from the Crown to do a thing notwithstanding any
statute to the contrary. This dispensing power was abolished by the Bill
of Rights.

The notwithstanding clause in a statute makes the provision independent

of other provisions contained in the law, even if the other provisions
provide to the contrary. The Supreme Court of India in Brij Rai Krishna
v. S.K. Shaw and Brothers (AIR 1951 SC 115) has held that the
expression "Notwithstanding anything contained in any other law"
prevents reliance on any other law to the contrary.

“A non obstante clause is usually used in a provision to indicate

that that provision should prevail despite anything to the contrary in the
provision mentioned in such non obstante clause. In case there is any
inconsistency or a departure between the non obstante clause and another
provision one of the objects of such a clause is to indicate that it is the
non obstante clause which would prevail over the other clause” [K.
Parasuramaiah vs. Pokurl Lakshmamma; (AIR 1965 AP 220)].