Overview and Constitutional Basis:
The Doctrine of Repugnancy is a constitutional principle that resolves conflicts between Central and State laws in India’s federal structure. It is governed by Article 254 of the Constitution of India, which applies when both the Parliament and State Legislature make laws on subjects in the Concurrent List (List III). According to Article 254(1), if any State law is inconsistent or repugnant to a Central law on the same subject, the Central law prevails, and the State law becomes void to the extent of inconsistency. This doctrine ensures uniformity of laws across India and prevents legislative clashes between the Union and the States, thereby maintaining the supremacy of the Parliament within the concurrent legislative sphere.
Legal Provisions and Scope:
Under Article 254(2), if a State law on a Concurrent List subject is inconsistent with a Central law but has been reserved for and received the President’s assent, then that State law shall prevail within that particular State. However, Parliament retains the power to override such a State law later by enacting a new legislation on the same matter. Repugnancy arises when both Central and State legislatures operate in the same legislative field, and their provisions are irreconcilable, leading to direct conflict. The doctrine plays a vital role in maintaining the hierarchy of laws and preserving the federal balance, ensuring both levels of government legislate within their constitutional limits.
Significance and Judicial Interpretation:
The Doctrine of Repugnancy ensures consistency, certainty, and unity in India’s legal framework. It prevents duplication or contradiction in laws on the same subject. The Supreme Court in M. Karunanidhi v. Union of India (1979) laid down the tests to determine repugnancy: (1) whether both laws cover the same subject matter, (2) whether there is a direct conflict, and (3) whether Parliament intended to occupy the entire field. If the answers are affirmative, the State law becomes void. This doctrine maintains the supremacy of Parliament while respecting the States’ power to legislate with presidential assent, ensuring a balanced federal system under the Indian Constitution.
Real-Time Example:
A practical example is the M. Karunanidhi v. Union of India (1979) case, where the Tamil Nadu Public Men (Criminal Misconduct) Act conflicted with the Indian Penal Code and Prevention of Corruption Act. The Supreme Court ruled that there was no repugnancy as both laws operated in different fields. Another example is Zaverbhai Amaidas v. State of Bombay (1954), where a State law fixing different punishments for adulteration of food conflicted with a Central law, and the State law was struck down as repugnant. These cases illustrate that the Doctrine of Repugnancy serves as a constitutional tool to harmonize laws between the Centre and the States.
Mnemonic to Remember:
Mnemonic: “COPS – Conflict, Override, President, Supremacy”
- C = Conflict between Central and State laws (Art. 254)
- O = Override by Parliament prevails
- P = President’s assent saves State law temporarily
- S = Supremacy of Central legislation maintained
The mnemonic “COPS” helps recall the key elements of the Doctrine of Repugnancy — resolving Conflict, Overriding power of Parliament, President’s assent, and Supremacy of Central law — ensuring clarity in legislative competence under the Constitution.
About lawgnan:
Explore the Doctrine of Repugnancy under Article 254 at Lawgnan.in — a vital constitutional principle ensuring harmony between Central and State laws. Learn how repugnancy arises when both legislatures enact conflicting laws on Concurrent List subjects and how Parliament’s supremacy is maintained. Study key judgments like M. Karunanidhi v. Union of India (1979) and Zaverbhai Amaidas v. State of Bombay (1954) to understand how the judiciary resolves legislative conflicts. Ideal for law students, UPSC aspirants, and judiciary candidates, this article explains the scope, tests, and significance of repugnancy in maintaining India’s federal balance. Visit Lawgnan today to master constitutional law clarity.
