Doctrine of Repugnancy
4 Pages Posted: 7 Apr 2013
Date Written: April 5, 2013
The Supreme Law of Democratic India i.e. Constitution of India, vests the law-making power between the Union Parliament and State Legislatures in terms of various Articles read with Schedule VII. It further provides List I being the fields allocated for the Parliament, List II being those within the exclusive domain of the State Legislatures and List III represents those areas where both carry concurrent powers to make laws. The Indian Constitution through Article 254 provides that a law on a subject-matter prescribed in List III enacted by the State Legislature would be valid only in case, where it is not in contravention to a law made by the Parliament on the same subject-matter. Thus in order to put more light and certainty the Doctrine of Repugnancy came in to picture as a principle, which is employed so as to ascertain when and where a State law turns repugnant to the Parliamentary legislation.
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