Report No. 46

20. Clause 3-Question of form considered.-

Having made these preliminary observations, let us proceed to examine the provisions made by clause 3. The first question which calls for consideration is: is it necessary to make the main operative provision of the clause in a negative form beginning with the word "notwithstanding"? Would it not be possible to secure the implementation of the principles enshrined in clauses (b) and (c) of Article 39 by a positive provision? We have given anxious thought to this problem and we have come to the conclusion that the form adopted by the draftsman in framing clause 3 cannot be avoided and is, in a sense, inevitable.