The Supreme Court of India has significantly evolved the interpretation of Article 254 and the doctrine of repugnancy through a series of landmark judgments in recent years. These decisions have not only clarified the constitutional framework for resolving conflicts between Union and State laws but have also established comprehensive tests and principles that guide contemporary federal jurisprudence in India.
Foundational Framework: Article 254's Constitutional Architecture
Article 254 of the Constitution addresses inconsistencies between laws made by Parliament and State Legislatures, establishing the doctrine of repugnancy as a cornerstone of Indian federalism. The Supreme Court in Forum for People's Collective Efforts v. State of W.B. provided authoritative clarification on Article 254's salient features:
First, Article 254(1) embodies the concept of repugnancy on subjects within the Concurrent List where both State Legislatures and Parliament possess legislative competence.
Second, "a law made by the legislature of a State which is repugnant to parliamentary legislation on a matter enumerated in the Concurrent List has to yield to a parliamentary law whether enacted before or after the law made by the State Legislature".
Third, when repugnancy occurs, "the parliamentary legislation shall prevail, and the State law shall 'to the extent of the repugnancy' be void".
Contemporary Judicial Standards for Determining Repugnancy
The M. Karunanidhi Test: Establishing Constitutional Benchmarks
The landmark 1979 judgment in M. Karunanidhi v. Union of India established foundational principles that continue to guide repugnancy determinations. The Supreme Court defined repugnancy as situations "where the provisions of a Central Act and a State Act in the Concurrent List are fully inconsistent and are absolutely irreconcilable, the Central Act will prevail and the State Act will become void in view of the repugnancy".
The Court established three critical conditions for repugnancy to arise:
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Direct Inconsistency: There must be a clear and direct inconsistency between the Central Act and the State Act
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Irreconcilable Nature: Such inconsistency must be absolutely irreconcilable
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Direct Collision: The inconsistency must bring the two Acts into direct collision where "it is impossible to obey one without disobeying the other"
Modern Refinements: The Four-Pronged Test
Recent Supreme Court decisions have refined the M. Karunanidhi principles into a comprehensive four-pronged test for determining repugnancy:
First Test: "In order to decide the question of repugnancy it must be shown that the two enactments contain inconsistent and irreconcilable provisions, so that they cannot stand together or operate in the same field".
Second Test: "There can be no repeal by implication unless the inconsistency appears on the face of the two statutes".
Third Test: "Where the two statutes occupy a particular field, there is room or possibility of both the statutes operating in the same field without coming into collision with each other, no repugnancy result".
Fourth Test: "Where there is no inconsistency but a statute occupying the same field seeks to create distinct and separate offences, no question of repugnancy arises and both the statutes continue to operate in the same field".
Recent Landmark Applications: RERA and State Housing Laws
The West Bengal Housing Case: Practical Application of Repugnancy
In a significant 2021 judgment, the Supreme Court bench comprising Justices DY Chandrachud and MR Shah declared the West Bengal Housing Industry Regulation Act, 2017 (WBHIRA) unconstitutional, holding that it was repugnant to the Real Estate (Regulation and Development) Act (RERA).
This case demonstrated the practical application of repugnancy doctrine in contemporary regulatory frameworks. The Court noted that when dealing with subjects legislated upon both at the State and Central level, Presidential assent becomes necessary under Article 254(2). The judgment emphasized that "a statute is deemed 'repugnant' when it covers the same subject area as another statute but contains contradictory provisions".
Three Types of Repugnancy: Judicial Classification
The WBHIRA judgment provided crucial clarity by identifying three distinct types of repugnancy:
Type I - Absolute Conflict: This involves "an absolute or irreconcilable conflict or inconsistency between a provision contained in a State legislative enactment with a Parliamentary law with reference to a matter in the Concurrent List".
Type II - Direct Collision: Such conflict "brings both the statutes into a state of direct collision" where "it is impossible to comply with one of the two statutes without disobeying the other".
Type III - Operational Conflict: This type of repugnancy is "grounded in an irreconcilable conflict between the provisions of the two statutes each of which operates in the Concurrent List".
Evolution Toward Delegated Legislation: Recent Constitutional Developments
The Sreejith Case: Extending Repugnancy to Delegated Legislation
A significant constitutional development occurred in Sreejith P.S v. Rajasree M.S (2022), where the Supreme Court addressed whether "the doctrine of repugnancy, under Article 254 of the Constitution of India, allow a law made by a State Legislature to be subordinated to delegated legislation promulgated by the Union Government under a law of the Parliament".
The Court's affirmative answer marked an important evolution in constitutional interpretation, extending Article 254's principles beyond primary legislation to include subordinate legislation and rules framed by the Union Government.
Contemporary Standards for Actual Conflict
The West U.P. Sugar Mills Standard
Recent jurisprudence has emphasized that repugnancy requires more than mere inconsistency. In West U.P. Sugar Mills Assn. v. State of U.P., the Court established that "the question of repugnancy arises only in a case where there is an actual irreconcilable conflict between two laws". This means both laws must be "substantially on the same subject and cannot co-exist".
The JB Educational Society Clarification
The Supreme Court in JB Educational Society v. Government of Andhra Pradesh provided additional clarity on when Article 254 should be invoked for concurrent legislation conflicts. The Court identified two scenarios where parliamentary legislation prevails:
First, when legislation implemented within designated domains intersects and clashes with one another, parliamentary supremacy operates through the non-obstante clause in Article 246(1).
Second, when both legislations pertain to subjects in the Concurrent List and clash, parliamentary legislation prevails under Article 254(1).
Presidential Assent and State Law Survival: Recent Interpretations
The Rajiv Sarin Framework
The Supreme Court in the Rajiv Sarin case established the "twin requirement for the existence of repugnancy" - there must be repugnancy between Central and State Acts, and presidential assent must be held as non-existent. This clarification provided greater precision to Article 254(2)'s operation.
The Court emphasized that Article 254(2)'s purpose is "to resuscitate and operationalize a repugnant State law", but only when the constitutional requirements of Presidential consideration and assent are properly fulfilled.
Practical Application: The Surgical Approach to Repugnancy
Recent Supreme Court decisions have consistently applied what may be termed a "surgical approach" to repugnancy. As noted in the WBHIRA case, when repugnancy occurs, "those elements or portions of the state law which run into conflict with the central legislation shall be excised on the ground that they are void".
This approach ensures that only the conflicting provisions are struck down, preserving the remainder of State legislation wherever possible. The expression "to the extent of the repugnancy" in Article 254 "postulates that those elements or portions of the state law which run into conflict with the central legislation shall be excised".
Constitutional Harmony Through Judicial Interpretation
The Supreme Court's recent decisions demonstrate a nuanced approach to federal conflicts, emphasizing that repugnancy "would not arise merely because two laws are prima facie inconsistent. There has to be something more than a mere inconsistency". This standard prevents unnecessary invalidation of State laws while maintaining constitutional supremacy where true conflicts exist.
The Court has consistently held that "where the two statutes occupy a particular field, but there is room or possibility of both the statutes operating in the same field without coming into collision with each other, no repugnancy results".
Future Directions and Constitutional Implications
Recent Supreme Court jurisprudence on Article 254 reveals several important trends:
Precision in Application: Courts are increasingly demanding actual, irreconcilable conflicts rather than technical inconsistencies before invoking repugnancy.
Federal Balance: The decisions reflect careful balancing between Union supremacy and state autonomy, ensuring that Article 254 serves constitutional harmony rather than centralization.
Evolutionary Interpretation: The extension of repugnancy principles to delegated legislation demonstrates the doctrine's adaptability to contemporary governance challenges.
Conclusion: Article 254 in Contemporary Constitutional Practice
The Supreme Court's recent interpretations of Article 254 have significantly refined the doctrine of repugnancy, providing clear standards for determining when Union and State laws truly conflict. Through landmark decisions in cases involving RERA, delegated legislation, and concurrent list subjects, the Court has established a comprehensive framework that balances federal principles with constitutional supremacy.
These developments ensure that Article 254 continues to serve as an effective mechanism for resolving legislative conflicts while preserving legitimate state interests within India's federal structure. The doctrine of repugnancy, as evolved through recent judicial interpretation, remains a vital tool for maintaining constitutional harmony in an increasingly complex legislative landscape.
The Supreme Court's emphasis on actual conflict over technical inconsistency, combined with its surgical approach to invalidating only conflicting provisions, demonstrates the constitutional wisdom embedded in Article 254. This evolving jurisprudence ensures that India's federal system continues to function effectively while adapting to contemporary governance challenges and maintaining the delicate balance between unity and diversity that defines the Indian constitutional framework.
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