Doctrine of Repugnancy in India

2797 Words Jul 5th, 2013 12 Pages
__________________________________________________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
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APPLICABILITY OF THE DOCTRINE OF REPUGNANCY
The Doctrine of Repugnancy has been applied in a number of cases in India.
In a recent judgment , dealing with the issues relating to the constitutional validity of Maharashtra Control of the Organized Crime Act (a State legislation), the Supreme Court revisited the doctrine of Repugnancy and explained its nuances in its decision in Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra and Ors. in the following terms:
Chapter I of Part XI of the Constitution deals with the subject of distribution of legislative powers of the Parliament and the legislature of the States. Article 245 of the Constitution provides that the Parliament may make laws for the whole or any part of the territory of India, and the legislature of a State may make laws for the whole or any part of the State. The legislative field of the Parliament and the State Legislatures has been specified in Article 246 of the Constitution Article 246, reads as follows: -
Subject-matter of laws made by Parliament and by the legislature of States.
(1) Notwithstanding anything in clauses (2) and (3), Parliament has

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