Doctrine of Repugnancy

(In context of Indian Fedaralism)

Jamia Millia Islamia

Submitted by
KRISHAV GROVER

Constitutional Law - I
IIIrd Semester
2018

Submitted to
Mr. ASAD MALIK

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 DECLARATION

The text reported in the project is the outcome of my own efforts and no part of this report has been
copied in any unauthorized manner and no part in it has been incorporated without due acknowledgement.
Any part produced/reported from any source has been duly cited and proper credit is given to the
concerned person

Name & signature

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Mr. ASAD MALIK. who gave me
the golden opportunity to do this wonderful project on the topic DOCTRINE OF REPUGNANCY (In
context of Indian Federalism) in living relationship in India which also helped me in doing a lot of
Research and I came to know about so many new things.

I am really thankful to them. Secondly I would also like to thank my parents and friends who helped me a
lot in finishing this project within the limited time.

I am making this project to increase my knowledge.

THANKS AGAIN TO ALL WHO HELPED ME IN ANYWAYS.

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 METHODOLOGY

The methodology adopted in this study comprises of primarily one method:

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 INTRODUCTION

Repugnancy could be defined as “An inconsistency or contradiction between two or more parts of a legal
instrument (such as a statute or a contract)”.
– Black’s Law Dictionary.1
Doctrine of Repugnancy deals with the conflict of laws between the State and the Centre. Part XI of
Constitution of India describe about the relations between the Center and State. The Parliament’s
Legislative area and the Legislatures of State has been given in Article 2462 and about the extent of these
laws under Article 2453 and also then in Article 2544 where it is described about the mechanism of the
incompatibility between the Central and the State legislations enacted with respect to any matter listed in
List III (Concurrent List) of the Seventh Schedule. Repugnancy Arises when there is Collision between
the two acts passed by Center and State and are by Central Act and the State Act. There arises issue to
follow one and unfollow the other. There could be two Provisions which are in collision with one another
and which covers the same field. Parliament and State both have Power to make laws in accordance of
Concurrent List, but in case of conflict between Laws made by Parliament and State Legislature with
respect to any matter or subject so, in this type of situation the Law made by Parliament shall Prevail and

1
http://thelawdictionary.org/repugnancy/
2
The Constitution of India, Bare Act, Universal Law Publishing
3
The Constitution of India, Bare Act, Universal Law Publishing
4
The Constitution of India, Bare Act, Universal Law Publishing

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the laws made by the State Legislature shall to the extent of Repugnancy, be void proviso unless the law
made by the State Legislature has received the assent of the President But under Article 74 5 provided that
the President should act according to the advice of Council of Ministers with Prime Minister and these
Ministry could be also considered to be the Centre or the Union. So President is not entitled to have direct
Powers but the Center has, as a result the more extent of Power rests in hands of Union or Center as
compared to State Legislature. In this matter if we observe the situation in context of Federalism there it
shows of a unitary feature of Indian Constitution and where it arises a problem of unequal Distribution of
Powers. There is an origin of issue about the unitary feature of Constitution and there is also a need of
discussion upon this issue. This short introduction follows up with research questions, hypothesis, scope
of the present study; objectives of carrying out the study, review of literature relevant to this work and
research methodology.

Repugnancy or Inconsistency when occurred there is always the Parliament who’s Provisions which are
being prevailed so Repugnancy arises when there is collision of provision under Concurrent list. There is
also tests of Repugnancy been given by Supreme Court in Case of M. Karunanidhi V. Union of India,6
also in Case of National Engg. Industries Ltd. V. Shri Kishan Bhageria7 and The honourable Supreme
Court in Ch. Tika Ramji V. The State of Uttar Pradesh 8 accepted the said three rules, among others, as
useful guides to test the question of repugnancy.The State has power mentioned in List II and List III and
Parliament’s Power in List I and List III. The Constitution also exhibits that no doubt there is supremacy
of powers of Parliament over State Legislature under Article 2469 it has been laid down certain grounds
where it could clearly observed. Parliament also got many additional powers over State under Article 248,
249, 250, 35210 etc. So by this if we observe in terms of Federalism, it shows a unitary feature and
Constitution of India is Quasi-federal which could be seen here so, State which has less power than the
Parliament shall not be considered as lenient in context of powers as on certain grounds there has been the
Power to Parliament to prevent State from certain matters which cannot be alone deal by State Legislature
so for that issue the Parliament has been given Supremacy of Power. But there is also limitations of theses
powers neither Parliament nor the State Legislature have enormous power individually. There are certain
grounds where the power of Center and State apart from the Fundamental Rights and other specific
Provisions restraining their powers in certain matters under Article 276(2)11 [limiting power of State
Legislatures to impose taxes on Professions] and also under Article 30312 [limiting Powers of both
Parliament and State Legislature with regard to legislation relating to trade and commerce]. So, neither
the State Neither the Parliament can be seen under the purview of Sovereignty as both have Limitations or
Restrain in their Powers. But also there must be a Grand Norm and under which the Functional authority
should look after that. Parliament may have Supreme Powers than State Legislation but doesn’t be
considered as the only authority to manage and maintain the functioning of Grand Norm i.e. Constitution

5
The Constitution of India, Bare Act, Universal Law Publishing
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(1979) 3 SCC 431
7
(1988) Supp SCC 82
8
1956 AIR 676, [1956] SCR 393
9
State of West Bengal v. Committee for Protection of Democratic Rights, West Bengal, AIR 2010 SC 1496
10
The Constitution of India, Bare Act, Universal Law Publishing
11
The Constitution of India, Bare Act, Universal Law Publishing
12
The Constitution of India, Bare Act, Universal Law Publishing

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of India under its territory. Constitution as discussed is Quasi-federal in nature and by certain powers and
limitation this could be observe also.

Review of literature
1. Constitutional Law of India, H.M. Seervai, Volume 3, Fourth Edition – This book gave
knowledge of the Article 248 that Parliament has exclusive Power to make laws in respect of
matter of Taxes on capital value of the assets of individuals and companies, but not on taxes on
the capital value of agricultural lands as assets.
2. The Indian Constitution, Cornerstone of a Nation, Granville Austin – This book gave
knowledge about the Distribution of powers in Context of Federalism and also about the dual
nature of Constitution of India.
3. Indian Constitutional Law, M P Jain, 7th edition, LexisNexis – This book gave meaning and
Definition of Repugnancy and also about Residuary Power under Article 248.
4. Introduction to the Constitution of India, Dr. Durga Das Basu, 20th Edition Reprint 2012,
Lexis Nexis – This book gave knowledge about the Limitations of the powers of the Parliament
and the State Legislature under certain provisions.
5. Social Science Research Network, Doctrine of Repugnancy, Paper by Pankaj Sevta 13 – This
Paper gave knowledge about various case law related to tests to evaluate or describe about the
inconsistency.
6. Slide Share, Doctrine of Repugnancy, Slides by Angelina Naorem14 – These Slides gave
information about when the Repugnancy Arises.

Research Methodology
The work basically fulfills doctrinal research criteria as the possibility to have an empirical study over the
topic is very feeble. But the approach is analytical in nature. The area of work had been studied in depth,
and landmark cases in the Doctrine of Repugnancy will be referred to Books, Articles, Journals, Papers,
case studies and other such primary data’s, and internet sites have been searched and been searched at
large to find out the relevant data. Interpretative and impact analysis research process will also been
utilized to find out the Repugnancy issues and also about various aspects from which it could be related to
the area.

13
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2245805
14
http://www.slideshare.net/angelinanaorem/doctrine-of-repugnancy

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REPUGNANCY OF POWERS (In Context of Indian Federalism)
There is inconsistency between the powers between the State and Parliament as it can be explained by
determining the position of State Legislature. The State Legislature occupies the same position in a state
as is the position of the Parliament in the Union. There is, however, a difference of degree in their relative
powers. Indian Unitarian Federalism makes the Union Parliament more powerful than each state
legislature. Further, there are several specific limitations on the powers of a state legislature.
Some Limitations on the Powers of State Legislature15:
(1) Prior consent of the President of India for introduction of some Bills: There are certain bills which
can be introduced in a state legislature only with the prior consent of the President of. India.
(2) Reservation of bills by the Governor for President’s Assent: There are certain bills, which after
having been passed by the state legislature, can be reserved by the Governor for the consent of the
President. Such bills become laws only after the President has given his assent.
(3) Limitation that can be imposed by the Rajya Sabha: The Union Parliament gets the power to pass
laws on the State List, (for one year) if the Rajya Sabha adopts a resolution (supported by 2/3rd majority
of the members present and voting) and declares a state subject mentioned in the resolution as a subject of
national importance.

15
http://www.yourarticlelibrary.com/political-science/state-legislature-organisation-powers-and-limitations-on-the-powers-of-
state-legislature/40348/

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(4) Limitations during national Emergency: When a national emergency (Under Art. 352) is in
operation, the Parliament is empowered to pass a law on any subject of the State List. The law so passed
operates during the period of emergency and for six months after the end of the emergency.
(5) Limitations during a Constitutional Emergency: During the operation of constitutional emergency
in a state under Art 356, the Union Parliament gets the authority of making laws for that state. The State
Legislature stands either dissolved or suspended.
(6) Discretionary Powers of the Governor: Discretionary powers of the Governor of a state also
constitute a limitation on the State Legislature. Whenever he acts in his discretion, he is beyond the
jurisdiction of the State Legislature. Acting in his discretion, the Governor can even dissolve the State
Legislative Assembly.
(7) Precedence of Union Laws on the Concurrent Subject: They State Legislature and the Union
Parliament, both have the concurrent power to make laws on the subjects of the Concurrent List. If both
the Union Parliament and a State Legislature pass a law on the same subject of the Concurrent List and
there is inconsistency between the two, the law passed by the Union Parliament gets precedence over the
corresponding state law.
Thus each state legislature in India exercises law-making powers over the subjects given to it by the
Constitution. However, even in respect of these, it exercises law-making powers under the above
constitutional limitations. Nevertheless in general the State Legislatures act as important and powerful
legislatures in all the 28 States and 2 Union Territories of India.

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