proviso

A proviso, usually beginning “Provided that”, qualifies or excepts something from the enacting part of a section that would otherwise fall within it. The normal rule is that it is read together with the main provision and confined to its subject matter; it does not enlarge the main provision or stand as an independent enactment.

The Supreme Court has noted that a proviso may in practice serve different purposes: to qualify or except the main provision, to make it a condition, or occasionally to add a substantive provision of its own, and its true effect depends on the language and context. It differs from an explanation, which clarifies the meaning of the main provision rather than excepting from it.

Example

The proviso could not be read to widen the main section, since a proviso only carves an exception out of what the section enacts.

In Indian law

• S. Sundaram Pillai v. V.R. Pattabiraman, 1985 INSC 13: nature and purposes of a proviso and an explanation

See also

internal aids to interpretation · harmonious construction · literal rule

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)