Definition
Conflict between laws.
Central law prevails over state law in case of conflict.
Statutory Definition
Article 254 Constitution.
Etymology & Origin
From Latin 'repugnare' (to fight back, oppose). In law, it refers to an irreconcilable conflict or inconsistency between two statutes.
Full Legal Analysis
In Indian Constitutional Law, Repugnancy refers to a direct, irreconcilable conflict between a law passed by the Parliament (Central Law) and a law passed by a State Legislature on the same subject matter within the Concurrent List (List III of the Seventh Schedule).
When both the Centre and the State enact laws on a concurrent subject (like criminal law, marriage, or contracts) and the provisions clash such that obeying one means disobeying the other, the doctrine of repugnancy is invoked to resolve the deadlock.
There is a crucial exception in Article 254(2): If the State law received the 'assent of the President' before enactment, then the State law prevails over the Central law within that specific State.
The Supreme Court held that repugnancy arises not only when laws directly clash, but also when Parliament intends its law to be a complete and exhaustive code on the subject, thereby 'occupying the field' and pushing out state laws.
Advocates representing corporate clients navigating overlapping central and state regulations must analyze Article 254 to determine which compliance standard legally prevails.
This Term in Indian Statutes
Constitution of India, 1950
"Inconsistency between laws made by Parliament and laws made by the Legislatures of States."
The constitutional mechanism resolving conflicts in the Concurrent List.
