Doctrine of Repugnancy in India
__________________________________________________NIRMA UNIVERSITY
AN ANALYTICAL STUDY AND APPLICABILITY OF THE DOCTRINE OF REPUGNANCY IN INDIA
ABSTRACT
“The distribution of powers is an essential feature of Federalism. The object for which a federal State is formed involves a division of authority between the Central Government and the State Government. The tendency of federalism is to limit on every side the action of the Government and to split up the strength of the State among co – ordinate and independent authorities are especially noticeable”. A Federal Constitution establishes a dual polity with the Union at the Center and the States at the periphery, each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. The one is not subordinate to other in its own field, the authority of one to co-ordinate with that of the other. In fact, the basic principle of Federalism is that the legislature, executive and financial authority is divided between the Center and the State not by any laws passed by the Center but by the Constitution itself.
As stated earlier that India has a Federal Constitution and there is distribution of powers between the State and the Center in the similar manner the Constitution of India has also conferred upon the Center and the State the power to make laws. It therein distributes the subject-matters over which the two are competent to make laws; 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. But the Constitution itself through Article 254 provides that where there is an inconsistency in laws made by the Center and the State then the Doctrine of Repugnancy will be applied and the State Law would be void to the extent of repugnancy to the Union Law and the Union Law will prevail over the State Law.
INTRODUCTION
The
AN ANALYTICAL STUDY AND APPLICABILITY OF THE DOCTRINE OF REPUGNANCY IN INDIA
ABSTRACT
“The distribution of powers is an essential feature of Federalism. The object for which a federal State is formed involves a division of authority between the Central Government and the State Government. The tendency of federalism is to limit on every side the action of the Government and to split up the strength of the State among co – ordinate and independent authorities are especially noticeable”. A Federal Constitution establishes a dual polity with the Union at the Center and the States at the periphery, each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. The one is not subordinate to other in its own field, the authority of one to co-ordinate with that of the other. In fact, the basic principle of Federalism is that the legislature, executive and financial authority is divided between the Center and the State not by any laws passed by the Center but by the Constitution itself.
As stated earlier that India has a Federal Constitution and there is distribution of powers between the State and the Center in the similar manner the Constitution of India has also conferred upon the Center and the State the power to make laws. It therein distributes the subject-matters over which the two are competent to make laws; 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. But the Constitution itself through Article 254 provides that where there is an inconsistency in laws made by the Center and the State then the Doctrine of Repugnancy will be applied and the State Law would be void to the extent of repugnancy to the Union Law and the Union Law will prevail over the State Law.
INTRODUCTION
The
References: * Bakshi, P.M. The Constitution of India. New Delhi: Universal Law Publishing Co., 2008 * Shukla, V.N * H.M. Seervai, ‘Constitutional Law of India’, 3111, Vol. III, 4th Edition, 2006 * Jain, M.P * Dicey, A.V. – The Law of the Constitution, (10th Edn. 1959) * Sharma, B.K [ 1 ]. A.V. Dicey – The Law of the Constitution, (10th Edn. 1959). [ 3 ]. (1979) 3 SCC 431 [ 4 ] [ 5 ]. (2005) 3 SCC 212 [ 6 ]