• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • Legal News
  • DOCTRINE OF REPUGNANCY IN THE INDIAN CONSTITUTION

Latest News

Back

DOCTRINE OF REPUGNANCY IN THE INDIAN CONSTITUTION

Courtesy/By: Bhimanapati Deepthi  |  25 May 2020     Views:3008

The laws made by the Centre have been given more priority than other laws. There are different clauses in the Articles giving superior power to the Centre or the Parliament. In circumstances of conflict between laws, the laws made by the Centre will triumph. Most of the times, the conflict occurs in the Concurrent list. For the matters in the Concurrent list, both the Centre and the State has the power to make laws. They both have equal authority to come up with legislation. But, the laws made by the Centre for the same matters as the State shall prevail. Article 254 of the Indian Constitution enumerates the concept of doctrine of repugnancy.

The concept of repugnancy arises when there is inconsistency of laws. In ITC Ltd. v. Agricultural Produce Market Committee[1], the Supreme Court found a direct inconsistency between an Act enumerated by the Centre and an Act enacted by the State. So, the Court held that there is no chance of allowing the functioning of both the laws. In the given instance, the law made by the Centre prevails over the law made by the State. The contradiction of such laws arises during the application of it. There will be a disagreement in the legal results when the statutes made regarding the same subject matters are applied.

If the situation of repugnancy arises, the Court tries to resolve the matter by application of various doctrines like colorable legislation, pith and substance etc.,. As mentioned under Article 254 of the Constitution, the State law is void only to an extent it is repugnant with the laws of the Centre. In Bhikaji v. State of Madhya Pradesh[2], the Court mentioned that just because the legislature enacted is repugnant in nature, it does not make the entire part invalid and in case if the laws made by the Centre are repealed at any point of time, it would become operative at a later stage. If the Parliament tries to be overpowering and enacts law that covers the entire field, then it is called as the rule of occupied field. 

In M. Karunanidhi v. Union of India[3], the Centre and the State made laws on the same subject matter were discovered to be complimentary but not conflicting. So the Hon’ble Supreme Court held in this case that the laws enacted by both the Centre and the State could co-exist by not colliding or overlapping with each other. But when there are different spheres of operation the question of repugnancy does not arise. The State usually make way for the Centre to enact laws when there are instances of repugnancy.

Among the three lists (i.e. Union list, state list, and concurrent list) as mentioned in the Article 246 of the Constitution, the Union list has a distinct domination over the other lists. This is due to the superiority as the subject matters in the Union list involve the matters of national importance. Such legislations are essential for the smooth functioning of the country. The framers of the Constitution analyzed the integrity of the functioning of the nation and established a strong Central governance.

There is no defined set of rules or procedure that is followed in the federal nations with regards to the distribution of powers. It is based on the simple application of ad hoc formula that is ascertained as to the locus of a country or capacity of the State to deal at the local level. The subject matters are not put into a pre-settled notion as it depends on the needs and demands of the matter with respect to the social political scenario. In India, there exists composite legislation that means there is more than one entry that may overlap to cover the subject matter of a single piece of legislature.

The non- obstante clause of Article 246 is the last resort available and it is utilized in circumstances of irreconcilable conflicts. The court shall consider all the possible attempts to interpret the entries so as to settle the repugnancy and overlapping. The application of liberal and harmonious construction requires conflicting entries and the intent of conflicting entries are kept by the Court to give a compatible solution for the concerned situation. In Ujagar Prints v. Union of India[4], the Hon’ble Supreme Court observed that in declining the validity of law questioned on the ground of legislative competence, the State can always show that the law was supportable under any other entry that is within the competency.

The words in the ‘Concurrent list’ seemed to qualify only the ‘present’ law that means that the prevailing law in relation to a matter in the Concurrent List triumphs over a State law in the particular area in case of inconsistency. So, if there is repugnancy between a State law and Central law filling in the respective lists, then the latter should prevail over the former. However, the judicial interpretation of the Article 254(1) has so far been otherwise.[5]

There is no provision to confine Article 254(1) only to circumstances where the Central and the State lists fall under the Concurrent lists rather than the circumstances mentioned under various other lists. It is not inconceivable that similar difficulty may arise if the two statutes come under separate lists.

[1]AIR 2002 SC 852

[2]AIR 1955 SC 781

[3]AIR 1979 SC 898

[4]AIR 1989 SC 516

[5]AIR 1972 SC 1738


Courtesy/By: Bhimanapati Deepthi  |  25 May 2020     Views:3008

News Updates

Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:379
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:317
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:265
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:345
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:382
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:349
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:201
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:265
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:204
Exploring the Differences between the US and India...
29 Jun 2023     Views:197
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:328
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:209
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:238
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:204
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:244
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:217
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:217
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:211
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:211
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:262
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:275
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:276
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:392
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:304
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:288
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:1465
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:257
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:374
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:232
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:258
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:286
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:247
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:332
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:258
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:322
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:402
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:619
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:1001
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:241
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:297
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:499
ADR mechanism of legal adjudication in India...
15 May 2023     Views:193
Validity of foreign arbitral award in India throug...
14 May 2023     Views:268
Scope of Section 151 CPC...
13 May 2023     Views:858
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:526
Scope of Decree under CPC...
10 May 2023     Views:450
Legal development of Arbitration Laws in India....
09 May 2023     Views:428
Arbitration Laws in India...
07 May 2023     Views:350
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:264
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:457
Same-Sex Marriage in India...
30 Apr 2023     Views:361
National Commission for Women...
27 Apr 2023     Views:279
Law making process of India....
26 Apr 2023     Views:503
Bail Provisions in India...
25 Apr 2023     Views:328
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:228
Contempt of Court...
23 Apr 2023     Views:383
The collegium system of Judiciary in India....
22 Apr 2023     Views:270
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:276
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:237
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:737
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:745
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:382
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:283
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:437
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:228
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:301
Law should take into consideration realities of co...
10 Apr 2023     Views:294
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:382
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:889
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:696
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:1083
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:555
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:645
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:813
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:735
Supreme Court sends a notice about a petition for ...
09 Jan 2023     Views:872
The Meghalaya High Court's hold on the MoU definin...
08 Jan 2023     Views:866
Google's appeal of the ?1,337 crore fine from the ...
04 Jan 2023     Views:307
SC Issues Notice In A Batch Of Pleas Challenging T...
03 Jan 2023     Views:413
The Supreme Court rejects appeals against the 2016...
02 Jan 2023     Views:405
Chanda Kochhar and her husband Deepak Kochhar rema...
01 Jan 2023     Views:453
Gender Discrimination in intestate succession unde...
29 Dec 2022     Views:709
Section 300 CrPC BarTrial of a Person Not Only for...
29 Dec 2022     Views:594
Centre Informs Rajya Sabha That There Is No Propos...
28 Dec 2022     Views:412
Calcutta High Court: Depriving wife of her Stridha...
27 Dec 2022     Views:611
Sec 498A: An Apology should be tempered with genui...
24 Dec 2022     Views:388
Kerala High Court: Search engines like Google cann...
23 Dec 2022     Views:521
Rules of the Game Cannot be Changed After the Game...
23 Dec 2022     Views:2530
Bombay High Court: Social Media has become an impo...
21 Dec 2022     Views:539
Calcutta High Court Grants Bail to Murder Accused ...
19 Dec 2022     Views:486
Sec 438 CrPC: Anticipatory Bail Plea is Not Mainta...
19 Dec 2022     Views:804
Rights of secured creditors under SARFAESI, Recove...
18 Dec 2022     Views:394
Can a man accuse his wife of domestic violence? De...
17 Dec 2022     Views:751
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
15 Dec 2022     Views:818
Guardianship of an illegitimate minor granted to h...
14 Dec 2022     Views:384
Under the POCSO Act, rehabilitation of the victim ...
14 Dec 2022     Views:390
CRITICAL ANALYSIS OF BAIL PROVISIONS UNDER THE IND...
13 Dec 2022     Views:1178
The current collegium system shouldn't be abandone...
10 Dec 2022     Views:428
Framing of a uniform marriage code applicable to a...
09 Dec 2022     Views:598
Telangana High Court: Appropriation of a Decree of...
07 Dec 2022     Views:411
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:90760
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:64126
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:63751
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:61545
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:51749
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

Allow Cookies!

By using our website, you agree to the use of cookies

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1127 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.