Generalia specialibus non derogant is a foundational principle of statutory interpretation and law, translated from Latin as “general things do not derogate from special things” — meaning a general law does not override or repeal a specific law.
Core Meaning
When two laws or provisions conflict, the specific/special provision prevails over the general provision, even if the general law was enacted later (unless the legislature clearly intended otherwise).
The Logic Behind It
The reasoning is straightforward: when a legislature enacts a specific provision dealing with a particular subject, it is presumed to have considered that subject carefully. A later, broadly worded general law is not presumed to silently undo that specific, deliberate choice.
Classic Illustration
Suppose there is:
- A general law stating: “All government employees must retire at age 60.”
- A special law stating: “Judges of the Supreme Court shall retire at age 65.”
Under this principle, the special law (for judges) prevails over the general law, and judges retire at 65.
Key Applications
1. Conflict between statutes — Where a general Act and a special Act cover the same subject, the special Act governs that subject.
2. Conflict within a statute — A specific clause within a contract or legislation will override a general clause on the same point.
3. Later general law vs. earlier special law — Even a later general law does not automatically repeal an earlier special law; express repeal or clear legislative intent is required.
Important Qualifications
- It is a rule of interpretation, not an absolute rule — if legislative intent clearly shows the general law was meant to override the special one, that intent prevails.
- The principle applies when there is a genuine conflict between provisions; if they can be harmoniously read together, the question doesn’t arise.
- Courts look at the nature, scope, and subject matter of both laws to determine which is truly “special.”
Relationship with Other Maxims
| Maxim | Meaning |
|---|---|
| Generalia specialibus non derogant | Special law overrides general law |
| Leges posteriores priores contrarias abrogant | Later law overrides earlier law |
| Expressio unius est exclusio alterius | Express mention of one excludes others |
When these maxims conflict (e.g., later general law vs. earlier special law), courts typically give priority to the special law unless Parliament/Legislature has expressed a contrary intention.
In Indian Law
This principle is well-recognized in Indian jurisprudence. The Supreme Court has repeatedly applied it — notably holding that special statutes like the NDPS Act, Companies Act, or service-specific rules will prevail over general provisions of the CrPC, IPC, or general service laws when dealing with their respective subject matters.
In essence, it ensures legislative precision is respected — the more targeted and specific a law, the more it governs within its domain.