A brief on Doctrine of Repugnancy
Doctrine of Repugnancy – Brief Overview
Definition:
The Doctrine of Repugnancy is a legal principle used in Indian constitutional law to resolve conflicts between Central (Union) laws and State laws.
When does it apply?
It applies when a State law is inconsistent or conflicts with a Central law on the same subject.
Constitutional Basis:
Article 254 of the Constitution of India deals with this doctrine.
Article 254(1): If any State law is inconsistent with a Central law on a subject in the Concurrent List, the Central law will prevail, and the State law will be void to the extent of the repugnancy.
Article 254(2): However, if the State law has been reserved for the President’s consideration and has received his assent, the State law can prevail in that State, even if inconsistent with Central law, until Parliament repeals or amends the Central law.
Key Points:
Applies only to laws on subjects in the Concurrent List (subjects on which both Centre and States can legislate).
Central law overrides State law in case of conflict, ensuring uniformity.
Exception allows a State law to prevail if specially approved by the President.
Purpose:
To maintain harmony between Central and State legislation and avoid legal confusion due to conflicting laws.
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