Repugnancy - Definition - Law Dictionary Home Dictionary Definition repugnancy

Definition :

Repugnancy, between the two pieces of legislation, means that conflicting results are produced when both laws are applied to the same set of facts. Repugnancy arises when the provisions of both laws are fully inconsistent or are absolutely irreconcilable and that it is impossible to obey without disobeying the other. Repugnancy would arise when conflicting results are produced when both the statutes covering the same field are applied to a given set of facts, Vijay Kumar Sharma v. State of Karnataka, (1990) 2 SCC 562 (602): AIR 1990 SC 2072. See also AIR 1959 SC 648 (665). [Constitution of India, Art. 254]

Repugnancy, denotes the contradictory of each other, said of clauses, Will, etc., A Dictionary of Law, Willium C. Anderson, 1889, p. 885.

Repugnancy, in India, if a State law is repugnant to the Union law relating to the same subject in the concurrent list, the Union law will prevail and the State law will fail to the extent of repugnancy; however, if the State law has been assented to by the President, it will prevail in that State, notwithstanding its repugnancy to an earlier law of the Union; but the Parliament can at anytime enact a law varying or repealing such a law made by a State legislature. [Constitution of India, Art. 254(1)(2)]

Means contradictory, Webster American Dictionary, p. 1236.

Means the quality of fact of being inconsistent, irreconcilable, or in disagreement; specify: a contradiction or inconsistency between sections of a legal

instrument, In re Miller, 107 F Supp 1006 (1952).

The question of repugnancy between the two statutes is decided on the principles viz., (i) whether there is direct conflict between the two provisions; (2) whether Parliament intended to lay down an exhaustive code in respect of the subject-matter replacing the Act of the State Legislature; and (3) whether the law made by Parliament and the law made by State Legislature occupy the same field, Deepchand v. State of Uttar Pradesh, AIR 1959 SC 665.