Doctrine of Repugnancy under Article 254 of the Indian Constitution

The Doctrine of Repugnancy deals with the situation where there is a conflict or inconsistency between two laws enacted by competent legislatures, such that both cannot operate simultaneously.

In the Indian constitutional context, the doctrine primarily arises under Article 254 of the Constitution of India in relation to Concurrent List (List III) subjects.

When Does the Doctrine of Repugnancy Apply?

The doctrine applies only when all the following conditions are satisfied:

1. Both Parliament and State Legislature are competent to legislate
2. The subject matter falls under the Concurrent List
3. There is direct conflict or inconsistency between laws made by the Parliament and States
4. Both laws occupy the same legislative field
5. Obedience to one law leads to disobedience of the other

Tests for Determining Repugnancy

In M. Karunanidhi v. Union of India (1979), the Supreme Court laid down following tests to determine repugnancy:

1. There must be a direct conflict between the two laws
2. The laws must be irreconcilable and inconsistent
3. Both laws must deal with the same subject matter
4. Where the two statutes occupy a particular field, but there is room or possibility of both the statutes operating in the same field without coming into collusion with each other, no repugnancy results.

Effect of Repugnancy - Article 254(1)

Where a law made by the State Legislature is repugnant to a law made by Parliament, whether passed before or after the State law, then:

• Parliamentary law shall prevail, and
• State law shall be void to the extent of repugnancy.

Exception - Article 254(2)

A State law on a Concurrent List subject inconsistent with an earlier law made by Parliament shall nevertheless prevail in that State, if:

1. The State law has been reserved for the consideration of the President, and
2. The State law has received the President's assent.

Note : Parliament may at any time override such State law by enacting another law subsequently.

 

Judex Tutorials

Judex Tutorials is a premier Judiciary coaching institute in Patna, Bihar, dedicated to prepare law students for judicial services exams. Whether you prefer online judicial classes, offline sessions, or need access to recorded lectures, we offer flexible preparation options. If you like our blog as class notes, follow and subscribe our social media platforms on Facebook, Instagram and YouTube as well.