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TMI BlogRepugnancyX X X X Extracts X X X X X X X X Extracts X X X X ..... 254 of the Constitution is understood as requiring the fulfillment of a Triple test reiterated by the Constitutional Bench in M KARUNANIDHI Versus UNION OF INDIA - 1979 (2) TMI 191 - Supreme Court , which reads as follows:- It is well settled that the presumption is always in favour of the constitutionality of a statute and the onus lies on the person assailing the Act to prove that it is unconst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itution expressly or by necessary implication provides that the enactment of one Legislature has superiority over the other then to the extent of the repugnancy the one supersedes the other. But two enactments may be repugnant to each other even though obedience to each of them is possible without disobeying the other. The test of two legislations containing contradictory provisions is not, howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the State Legislature. The question of repugnancy under Article 254 will arise when a law made by Parliament and a law made by the State Legislature occupies the same field with respect to one of the matters enumerated in the Concurrent List and there is a direct conflict in two laws. Repugnancy and Article 254 of the Constitution In Rajiv Sarin's case - 2011 (8) TMI 1275 - SUPREME COURT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be repugnant is when the Central Act evinces a clear interest to be exhaustive and unqualified and therefore, occupies the entire field. In respect of the Concurrent List under Seventh Schedule to the Constitution, by definition both the legislatures viz. the Parliament and the State legislatures are competent to enact a law. Thus, the only way in which the doctrine of pith and substance can ..... X X X X Extracts X X X X X X X X Extracts X X X X
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