What is Doctrine of Repugnancy?

By Devyani Singh|Updated : June 27th, 2022

The Doctrine of Repugnancy was introduced in the Constitution by Article 254. It resolves inconsistencies, when they arise, between Central and State laws. 

Our government is divided into three tiers- Centre, State, and Panchayati Raj. In a political system that segregates the power to make laws between the state and the center, differences or inconsistencies might arise. The Doctrine of Repugnancy was introduced in the Constitution to resolve such situations.

What is meant by the Doctrine of Repugnancy?

The Doctrine of Repugnancy comes under the provisions made by the introduction of Article 254. A repugnancy can be defined as an inconsistency or a contradiction between two or more parts of a legal instrument. As defined by law, there are three conditions that a situation can become a repugnancy that can be governed under the doctrine of repugnancy. They are as follows: 

  • There needs to be a direct inconsistency between the Central Act and the State Act.
  • The said inconsistency must be irreconcilable in nature. 
  • The inconsistency between the provisions of the two Acts should bring a direct collision between them, where the following of one must mean the disobeying of the other. 

In accordance with Article 25, the doctrine of repugnancy affirms that if any part of State law is conflicting with any part of a Central law, then the Central law made by the Parliament shall prevail and the state law will be considered null and void. 

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FAQ’s About the Doctrine of Repugnancy 

  • Article 254 of the Indian Constitution covers the doctrine of repugnancy 

  • The overriding power in case of repugnancy is given to the Parliament of India. The Doctrine of Repugnancy enables the Parliament to enact the central law and the state law shall be void. 

     

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