Act not in Derogation of any other Law

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This Article is written by Siya Sharma of 1^st semester of Damodaram Sanjivayya National Law University

Abstract

The principle of “Act Not in Derogation of Any Other Law” is a fundamental legal doctrine that aims to ensure the harmonious coexistence of different laws within a legal system. The principle, commonly found in statutes and legal frameworks, establishes that the enactment of a specific law does not invalidate or override existing laws unless expressly stated or necessary for the coherence of the legal system. This article seeks to provide a thorough review of the principle of “Act not in derogation of any other law,” covering everything from the goal of the principle to its impact on legal interpretation and the resolution of conflicts between laws.

Keywords

Consumer protection act, Companies act, Right to information act, Code of criminal procedure, Pacta sunt servanda, Technical barriers to trade (TBT), Phytosanitary measures (SPS)

Introduction

The legal system in any country is a complex web of laws, regulations, and statutes that govern various aspects of society. Legal frameworks are intended to uphold justice, defend rights, and maintain order. The rule of “Act not in derogation of any other law” stands as a pillar of legal harmony and integration amid this complexity. This principle emphasizes the importance of maintaining consistency and coherence within the legal framework. To avoid legal conflicts and protect the integrity of the legal system, this concept directs how laws should be applied and interpreted. Legal systems provide legal certainty, adherence to the law, and public confidence in the justice and legitimacy of the judicial system by respecting the non-derogation concept.

Meaning of “Act not in derogation of any other law”

The phrase “act not in derogation of any other law” is often used as a guiding principle in legal texts. At its core, it emphasizes that any newly enacted law should not diminish or override existing laws unless explicitly stated. This principle ensures the continuity and coherence of legal frameworks within a jurisdiction. By understanding and adhering to this principle, legal frameworks maintain their integrity, consistency, and effectiveness. Understanding the legislative intent behind enacting a law is crucial. Legislators aim to create a harmonious legal framework, and the phrase “act not in derogation of any other law” serves as a guidepost in achieving this objective. It prompts legislators to consider the existing legal landscape and avoid conflicting or contradictory provisions when formulating new laws.

Non-derogation refers to the principle that a new law or provision should not diminish or weaken the rights, powers, or legal protections established by existing laws or legal principles. In other words, if one law is already in place that provides certain protections or rights, any new law that is introduced should not weaken or diminish those protections or rights. By respecting the principle of non-derogation, lawmakers and legal systems strive to maintain the integrity of existing laws, protecting the rights and interests of individuals and upholding the rule of law.

Significance of the phrase “Act not in derogation of any other law”

The phrase “not in derogation of any other law” holds significance in clarifying the relationship between the specific act being referenced and other existing laws. It is frequently written into statutes or other legal provisions to ensure that the particular law being passed does not weaken or undermine the legitimacy or efficacy of any other laws. By using the phrase “not in derogation of any other law,” lawmakers aim to make it clear that the newly passed legislation should be interpreted in harmony with existing laws, and any conflicts or contradictions between the two should be resolved in a way that respects the broader legal system.

Application and Purpose of the principle “Act Not in Derogation of Any Other Law”

The application of this provision means that the new law must be interpreted and applied in a manner that respects and upholds existing laws unless the new law explicitly states otherwise. The scope of this provision is broad and applies to all legal contexts where a new law is being introduced. The provision is not limited to any specific area of law and applies to both substantive and procedural laws. The principle encourages the complementary application of laws. If multiple laws address the same issue or provide similar protections, they should be read together to provide comprehensive coverage and ensure that the intended objectives are achieved. This principle prevents the new act from operating in isolation or disregarding other laws that serve related purposes.

“Act not in derogation of any other law” generally upholds the primacy of existing laws, it allows for specific provisions within the new act to override or derogate from existing laws if explicitly provided for. This means that if the new act contains clear language indicating that it intends to modify or replace certain provisions of existing laws, those specific provisions will take precedence over the conflicting parts of the earlier laws.

Laws that adhere to the principle of “Act not in Derogation of any other Law”

Consumer Protection Act (CPA)

As stated in Section 100 of that legislation, the requirements of the Consumer Protection legislation of 2019 must be in addition to and not in derogation of the terms of any other law now in effect[1]. This provision was also present in Section 3 of the Consumer Protection Act, 1986 purpose of the act is to provide better protection of the interest of the consumer and establishment of appropriate fora for the settlement of consumer grievances.

By stating that the CPA is not in derogation of any other law, it acknowledges that there may be other statutes or regulations that govern certain aspects of consumer transactions, contracts, or dispute resolution. The CPA aims to provide additional protection and remedies for consumers without conflicting with the existing legal provisions.

Companies Act

The Companies Act, of 2013, regulates the incorporation, functioning, and governance of companies in India. Section 1(4) of the act explicitly states that it is in addition to any other law for the time being in force and not in derogation of such law[2]. Section 1(4) ensures that such companies, which are already governed by special Acts, are not subjected to the general provisions of the Companies Act, 2013 unless there is an explicit provision stating otherwise.

This provision clarifies that the Companies Act, 2013 applies to the companies unless there is a specific provision in the Act or any other special legislation stating otherwise. Certain companies may be subject to specific laws or regulations due to their nature or sector.

Code of Criminal Procedure (CrPC)

The Code of Criminal Procedure enacted in 1973, lays down the procedural framework for the conduct of criminal proceedings in India. Section 4 of the CrPC guarantees that while the code provides a framework for the investigation, inquiry, trial, and handling of offenses, it does not override any specific laws that may exist concerning the procedures for dealing with particular offenses.[3]

This section ensures that the provisions of the CrPC, including the investigation, inquiry, trial, and other procedures, apply to offenses under the Indian Penal Code (IPC) as well as offenses under other laws. However, it also acknowledges that specific enactments regulating the manner or place of dealing with such offenses may take precedence over the general provisions of the CrPC.

Right to Information Act (RTI)

Section 22 of the Right to Information Act (RTI Act) addresses the overriding effect of the Act over other laws[4]. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or any instrument having effect by any law other than this Act. This means that in case of any inconsistency between the RTI Act and any other law, including the Official Secrets Act, 1923, or any other legislation, the provisions of the RTI Act will prevail.

The purpose of Section 22 is to safeguard the transparency and accountability principles inherent in the RTI Act by ensuring that the right to information granted by the RTI Act takes precedence over any contradictory provisions in other laws or instruments.

These examples highlight how specific provisions in various laws in India ensure that they do not override or diminish the applicability of other existing laws, thus upholding the principle of “act not in derogation of any other law.”

Case Laws related to the “Act not in derogation of any other law”

The M.P. Sharma & Ors vs Satish Chandra, District Magistrate, Delhi & Anr:

The case of M.P. Sharma vs Satish Chandra, District Magistrate, Delhi, is a landmark judgment that addressed the issue of right to privacy and its relationship with search and seizure[5]. The case originated in 1950 when the office and residence of the petitioners were searched and their documents seized under the authority of the Delhi Special Police Establishment Act, 1946. The petitioners contended that the searches and seizures violated their fundamental rights, including the right to privacy. They argued that the provisions of the Delhi Special Police Establishment Act were in derogation of their fundamental rights guaranteed under the Constitution of India.

Main Ruling of the Court

The Supreme Court, in its ruling, examined the principle of “act not in derogation of any other law” in the context of fundamental rights. The Court emphasized that fundamental rights are not absolute and can be reasonably restricted for legitimate state interests. It held that the Delhi Special Police Establishment Act, being a special legislation, did not abrogate or curtail the fundamental rights of the petitioners. The Court emphasized the importance of balancing individual rights with the broader interests of society.

Kharak Singh vs The State of Uttar Pradesh & Ors:

The case of Kharak Singh vs The State of Uttar Pradesh is another significant judgment related to the principle of “act not in derogation of any other law.” Kharak Singh, a former police officer, challenged the constitutionality of certain surveillance measures employed by the police under the Uttar Pradesh Police Regulations[6]. The petitioner argued that the surveillance measures violated his fundamental rights, including the right to privacy, and were in derogation of the Constitution. He contended that the provisions of the Uttar Pradesh Police Regulations were inconsistent with his fundamental rights.

Main Ruling of the Court

The Supreme Court, in its ruling, recognized the right to privacy as a fundamental right, even though it was not explicitly mentioned in the Constitution. The Court examined the provisions of the Uttar Pradesh Police Regulations and held that they violated the right to privacy, which was a part of the broader right to personal liberty.

The Court reiterated the principle of “act not in derogation of any other law” and emphasized that any law or regulation infringing upon fundamental rights must be narrowly interpreted and should not go beyond what is necessary to achieve a legitimate state objective.

International Perspective

The principle “act not in derogation of any other law” is not only relevant in domestic legal systems but also holds significance from an international perspective. It reflects a fundamental principle of legal coherence and consistency, ensuring that new laws or provisions do not undermine existing international legal obligations and commitments. It emphasizes that new domestic laws or provisions should not be enacted in a manner that contradicts or undermines a state’s international obligations unless explicitly stated or required by subsequent developments in international law.

In international law, the principle of pacta sunt servanda, meaning “agreements must be kept” or “promises must be kept’’. To put it another way, parties that engage into a contract are required to abide by its terms and conditions as a statement of their understanding. When a state enters into a treaty or international agreement, it is expected to fulfill its obligations in good faith and not take actions that would undermine or derogate from those obligations.

An example of the principle of “act not in derogation of any other law” in an international context can be seen in the World Trade Organization’s (WTO) agreements. The WTO’s agreements, which cover a wide range of trade-related issues, are designed to promote international trade and to ensure that trade is conducted fairly and openly.

The principle of “act not in derogation of any other law” is particularly relevant in the context of the WTO’s agreements on technical barriers to trade (TBT) and sanitary and phytosanitary measures (SPS)[7]. In practice, this means that WTO members must ensure that their domestic regulations related to TBT and SPS do not conflict with their obligations under other WTO agreements.

Overall, the principle of “act not in derogation of any other law” is an essential component of legal frameworks around the world, and helps to ensure that laws and regulations are consistent and effective, both within individual countries and across international borders.

Advantages

The principle of “Act not in derogation of any other law” provides several benefits that help legal systems remain stable and coherent.

The legal system preserves uniformity and prevents disputes between various laws by abiding by this principle. Ensuring that new laws do not conflict with or override older ones, helps to establish a cohesive and effective legal system.
The principle safeguards the rights and obligations established under existing laws. It ensures that individuals and organizations can rely on the protections and responsibilities provided by the law without being unexpectedly overridden by new legislation.
The principle reflects respect for the legislative intent behind existing laws. It acknowledges that laws are passed with certain aims and goals in mind, and it maintains the intention of the legislators by not weakening or opposing those goals without expressly saying so.
The application and interpretation of the law are simplified by non-derogation. Courts and legal professionals can focus on applying and interpreting laws without being burdened by conflicts or contradictions between different legislative acts.
The principle safeguards the public interest by ensuring that laws addressing critical issues, such as public health, safety, and environmental protection, remain intact. It prevents the inadvertent weakening or nullification of laws that serve the broader welfare of society.

Challenges and Limitations

While the principle of “Act not in derogation of any other law” offers numerous advantages, it also presents certain challenges and limitations.

Determining whether a specific law is in derogation of another law can be complex. It requires careful analysis of the language, intent, and scope of both laws.
When the phrase “not in derogation of any other law” appears in a statute, it might be difficult to determine the legislative intent behind it. It becomes essential to comprehend the intent and reach of the law to decide how it should be used in conjunction with other current laws.
When laws are amended or repealed, it is essential to ensure that the changes do not violate the principle of non-derogation. To ensure that the legal system remains cohesive and useful, care must be made to resolve any conflicts that may occur from such alterations.
The presence of outdated laws can pose challenges when considering the applicability of new legislation. If an older law conflicts with a newer one, the principle of “not in derogation of any other law” may require courts to navigate through outdated legal frameworks, potentially impeding the desired legal outcomes.

Conclusion

The principle of “Act not in derogation of any other law” is a fundamental aspect of legal systems that promotes coherence, consistency, and respect for existing laws. Courts and Legal authorities play a crucial role in harmonizing conflicting laws and resolving any potential ambiguities or inconsistencies. They interpret and apply laws in a manner that upholds the intent of the legislature while preserving the coherence of the legal system. The principle aims to maintain legal harmony and avoid the diminishment of existing laws, its implementation can present challenges. Judicial interpretation, conflicting provisions, and the presence of outdated laws are some of the complexities that need to be navigated to ensure consistency and clarity within the legal system.

References

[1] [1] S.100, Consumer protection act, 2019 available at <https://www.indiacode.nic.in/handle/123456789/15256?sam_handle=123456789/1362 > last seen on 8/5/2023

[2] S. 1(4), Companies Act, 2013 available at < https://ibclaw.in/section-1-of-the-companies-act-2013/ > last seen on 8/5/2023

[3] S.4, Code of Criminal Procedure, 1973 available at < https://indiankanoon.org/doc/1329373/ > last seen on 9/5/2023

[4] S.22, Right to Information Act, 2005 available at < https://indiankanoon.org/doc/1971086/ > last seen on 9/5/2023

[5] M. P. Sharma And Others vs Satish Chandra, District Magistrate, Delhi & Anr, (1954) AIR 300, SCR 1077

[6] Kharak Singh vs The State Of U. P. & Others, 1963 AIR 1295, 1964 SCR (1) 332