This document discusses the doctrine of repugnancy in Indian law. It explains that under Article 254 of the Indian Constitution, if a central law conflicts with a state law on a subject in the Concurrent List, the central law will prevail. It provides examples of direct conflicts, occupied fields, and intended occupation that can result in repugnancy. Key court cases are discussed that have established conditions for applying the doctrine and interpreted how it is to be implemented. The conclusion emphasizes that the doctrine preserves integrity and avoids conflicting laws on the same subjects between central and state legislatures.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
Detailed Analysis of Artcile 13 with relevant case laws and study of pre and post constitutional laws with reference to Doctrine of Eclipse and Severability. Doctrine of Waiver. Amenability of the Fundamental Rights.
The dispute over the Constitution's "fundamental structure," which had been dormant in the archives of India's constitutional history for the last decade of the twentieth century, has resurfaced in the public sphere.
Constitution of India: Union and its Territories, Citizenship and Official La...DVSResearchFoundatio
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The objective of this webinar is to provide insight into the Constitutional Provisions relating to Union and its territories, Citizenship and Official Language. This webinar is the second from the Webinar series on Constitution. The scope of this webinar is confined to discussing the nature of the Indian State, creation and formation of States, etc. This webinar further throws light on the Constitutional provisions with respect to Citizenship along with a brief overview of the Citizenship Act, 1955. The last part of the Webinar deals with Official Language of the Union and the State read conjointly with the Eighth Schedule of the Constitution.
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Detailed Analysis of Artcile 13 with relevant case laws and study of pre and post constitutional laws with reference to Doctrine of Eclipse and Severability. Doctrine of Waiver. Amenability of the Fundamental Rights.
The dispute over the Constitution's "fundamental structure," which had been dormant in the archives of India's constitutional history for the last decade of the twentieth century, has resurfaced in the public sphere.
Constitution of India: Union and its Territories, Citizenship and Official La...DVSResearchFoundatio
OBJECTIVE
The objective of this webinar is to provide insight into the Constitutional Provisions relating to Union and its territories, Citizenship and Official Language. This webinar is the second from the Webinar series on Constitution. The scope of this webinar is confined to discussing the nature of the Indian State, creation and formation of States, etc. This webinar further throws light on the Constitutional provisions with respect to Citizenship along with a brief overview of the Citizenship Act, 1955. The last part of the Webinar deals with Official Language of the Union and the State read conjointly with the Eighth Schedule of the Constitution.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
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Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
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Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. INTRODUCTION
• The Doctrine of Repugnancy has been stated in Article 254 of
the Indian Constitution, under Part XI
• Blacks' Law Dictionary defines repugnancy as an
inconsistency or contradiction between two or more parts of a
legal instrument (such as a statute or a contract)
• The Constitution under Schedule VII sets out the various
subjects on which the Parliament and State may legislate,
under List I and List II respectively. Under List III, also known
as the Concurrent List, both the Parliament and the States have
the power to make laws
3. INDIAN
CONSTITUTION
Article 245 of Constitution of India
• Parliament to make laws for the whole or any part of
India
• State legislature to make laws for the whole or any
part of the State
Article 246 of Constitution of India
(Seventh Schedule)
• Union List or List I – Parliament’s exclusive power to
make Laws
• State List of List II – Exclusive powers to States to
make Laws
• Concurrent List or List III – Both i.e. Centre and
State have powers to make Laws
Article 254 of Constitution of India
• if a conflict arises between a Central and a State
legislation, then the Central law will prevail
4. WHEN REPUGNANCY ARISES
DIRECT CONFLICT
• Clear and direct inconsistency between the Central Act and the State Act
• Situation is reached where it is impossible to obey the one without
disobeying the other
Occupied field
• Not apparent conflict
• But repugnancy between two Acts covering same field
Intended occupation
• There is no direct conflict in the two provisions nor the Act directly takes
away a right conferred by the other yet there may be repugnancy
5. CONDITIONS TO BE SATISFIED FOR APPLICATION OF
DOCTRINE OF REPUGNANCY
Landmark judgments concerning this doctrine is M. Karunanidhi v.
Union of India
A direct inconsistency between the Central Act and the State Act
The inconsistency must be irreconcilable
The inconsistency between provisions of two Acts are such that there
is direct collision and it is impossible to obey one without disobeying
the other
6. IMPORTANT JUDICIAL DECISIONS
State of Jammu and Kashmir v. M.S.Farooqi, Bar Council of
Uttar Pradesh v. State of Uttar Pradesh, and in the case
of K.S.E. Board v. Indian Aluminium Co.
• Repugnancy arises and Article 254(1) would apply only when both the Central
and the State laws have been enacted on a subject in the Concurrent List and
not otherwise
Bharat Hydro Power Corpn. Ltd. v. State of Assam, as well as
in the case of Central Bank of India v. State of Kerala
• Every effort should be made to reconcile the two enactments and construe
them both, in such a way, so as to avoid them being repugnant to each other
7. IMPORTANT JUDICIAL DECISIONS
Government of Andhra Pradesh v. J.B. Educational Society
• Judiciary must interpret legislation made by the Parliament and the State
Legislature in such a way that the question of conflict does not arise or can be
circumvented
• If such a conflict between laws is unavoidable, then the Parliamentary law shall
prevail
Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra
and Ors
• Of it could not be shown that core area and the subject matter of the legislation is
covered by an entry in the State List, then any incidental encroachment upon an
entry in the Union List would not be enough so as to render the State law as valid
8. IMPORTANT JUDICIAL DECISIONS
Kannan D.H.P.Co. v. State of Kerala
• Supreme Court did envisage the possibility of repugnancy
between a Central Act on a subject in List I and a State Act
on a state subject on List II
Srinivasa Raghavachar v. State of Karnataka
• There was indeed a repugnancy between the Advocates Act,
1961, which was a Central Act enacted by the Parliament
under entries 77 and 78 of List I and a State law prohibiting
legal practitioners from appearing before a land tribunal,
enacted under List II
9. CONCLUSION
• Parliament as well as the State Legislatures enjoy absolute authority when
they legislate on their subject matters
• This doctrine plays a critical role in order to preserve the integrity of the
Country and avoid two laws on the same subject matter
• Article 254 clearly states the clauses regarding how to deal with State and
Centre issues and which has to be given importance so that there are no two
different laws on one subject
• No repugnancy of law passed by the state enactment would be required if
the matter is unique