Statutory Interpretation : Legal Reasoning MCQ Practice Questions & Answers (Bengali)

Legal ReasoningEasyConstitutional LawStatutory Interpretation

The passage notes that adding the words 'notwithstanding Section 170(3)' in the 2014 Act could have changed the legal position. Which principle does this highlight?

A non obstante clause in a statute can override other statutory provisions but not constitutional restrictions

A non obstante clause allows Parliament to amend the Constitution without following the amending procedure

Statutory non obstante clauses can bind the judiciary from interpreting constitutional provisions

A non obstante clause has the same status as a constitutional amendment

Correct Answer:

(A) A non obstante clause in a statute can override other statutory provisions but not constitutional restrictions

Explanation:

A non obstante clause ('notwithstanding' clause) in an ordinary statute can override other conflicting statutes or provisions within the same Act, but it cannot override the Constitution itself. Parliament can clarify legislative intent through such a clause and create a different statutory pathway, provided it does not contradict an express constitutional embargo like the one under Article 170(3).

Statutory Interpretation in Legal Reasoning : Practice MCQ Questions & Answers with Explanations

Statutory Interpretation in Legal Reasoning : Practice MCQ Questions & Answers with Explanations