Doctrine of Repugnancy in India - 2797 Words

__________________________________________________NIRMA UNIVERSITY AN ANALYTICAL STUDY AND APPLICABILITY OF THE DOCTRINE OF REPUGNANCY IN INDIA ABSTRACT â€Å"The distribution of powers is an essential feature of Federalism. The object for which a federal State is formed involves a division of authority between the Central Government and the State Government. The tendency of federalism is to limit on every side the action of the Government and to split up the strength of the State among co – ordinate and independent authorities are especially noticeable†. A Federal Constitution establishes a dual polity with the Union at the Center and the States at the periphery, each endowed with sovereign powers to be exercised in the field assigned to them†¦show more content†¦APPLICABILITY OF THE DOCTRINE OF REPUGNANCY The Doctrine of Repugnancy has been applied in a number of cases in India. In a recent judgment , dealing with the issues relating to the constitutional validity of Maharashtra Control of the Organized Crime Act (a State legislation), the Supreme Court revisited the doctrine of Repugnancy and explained its nuances in its decision in Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra and Ors. in the following terms: Chapter I of Part XI of the Constitution deals with the subject of distribution of legislative powers of the Parliament and the legislature of the States. Article 245 of the Constitution provides that the Parliament may make laws for the whole or any part of the territory of India, and the legislature of a State may make laws for the whole or any part of the State. The legislative field of the Parliament and the State Legislatures has been specified in Article 246 of the Constitution Article 246, reads as follows: - Subject-matter of laws made by Parliament and by the legislature of States. (1) Notwithstanding anything in clauses (2) and (3), Parliament hasShow MoreRelatedDoctrine of Repugnancy2580 Words   |  11 PagesDoctrine of Repugnancy From time immemorial, legislative bodies have been enacting laws all over the world. With the enactment of laws by different legislative bodies all over the world, conflict of laws is an unavoidable issue. However, in this article I will mainly be focusing on the conflict of laws with regard to India. In India, there are three wings of the Government, namely, The Legislature, The Judiciary and the Executive. The legislature has the law making powers for the entire countryRead MoreGifts Under Muslim Law and the Requirement of Registration: an Analysis of Legal Provisions and the Case Law3416 Words   |  14 PagesRegistration Act (hereinafter referred as ‘the Act’) is an ‘instrument of gift of immovable property’. Thus as a general rule gifts relating to immovable property must be registered under the Act. The Act lays no exceptions to this rule as such; however, a repugnancy arises among the Statutes regarding the compulsory registration of the Gifts of immoveable property made by a Muslim. The (Jammu and Kashmir) Transfer of Property Act, Svt 1977( 1920 A.D.) saves under section 129 any rule of Muslim Law relatingRead MoreThe Disease Known As Colorism2165 Words   |  9 Pagesare not considered people to them; they think of us a nothing. Not only did they make a law to enslave all the blacks, they also created a law earlier in 1662 that guaranteed that blacks would remain slaves for years. The Virginia legislated the doctrine of partus sequitur ventrem, which stated that all children born of slaves would remain slaves, and all children born of a free mother the child shall be free. The combination of the two laws were a unbreakable chain, and there was no way for theRead MoreRelationship Beetween Directive Priciple of State Policy and Fundamental Rights5060 Words   |  21 Pagesbeen uniform throughout. There are three possible views on the relationship between Fundamental Rights and Directive Principles. The first view is that former are the superior to the latter and so the latter must give way to the former in case of repugnancy or irreconcilable conflict between the two. The second view is that Fundamental Rights and directive principle are equal in importance and hence , in case of conflict between the two an attempt mu st be made to harmonise them with each other. TheRead MoreResiduary Power Art.2489736 Words   |  39 Pagesjudicial legislation with reference to Residuary Power† To which the statement of object and reasons are as follows: U.S.A is regarded as the example of true federation, whereas India has followed the Canadian model of federation and is regarded as the example of loose federation. In the words of D.D.Basu, the Constitution of India is neither purely federal nor unitary, but is a combination of both. It is a union or a composite of a novel type. It is often defined to be quasi-federal in nature. Under IndianRead MoreCase Review of Mohamad Syedol Arifin V. Yeoh Ooi Gark5368 Words   |  22 PagesBIBLIOGRAPHY iii Literary Sources: iii Internet Sources: iii Index Of Authorities Table Of Statutes 1. The transfer of property Act, 1882. 2. The Indian evidence act, 1872. 3. The Indian contract Act, 1872. List Of Abbreviations AIR All India Reporter Co. Company Ltd. Limited p. Page pp. Pages Pvt. Private SC Supreme Court SCC Supreme Court Cases v. Versus List Of Cases Mohammed Syedol Ariffin v. Yeoh Ooi Gark 5 Mohoribibee v. Dharmodas Ghose 6 Lakhwinder Singh v. Paramjit