Repugnancy: clear, irreconcilable inconsistency between laws triggers displacement when coexistence is impossible. Repugnancy denotes inconsistency between enactments and is established where there is a clear, direct and irreconcilable inconsistency producing a collision that makes obedience to one law impossible without disobeying the other; repugnancy may also arise where a superior legislature demonstrates an intention to occupy a field exhaustively, and in the Concurrent List context the doctrine of pith and substance is applied to determine whether both laws substantially relate to the same subject.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Repugnancy: clear, irreconcilable inconsistency between laws triggers displacement when coexistence is impossible.
Repugnancy denotes inconsistency between enactments and is established where there is a clear, direct and irreconcilable inconsistency producing a collision that makes obedience to one law impossible without disobeying the other; repugnancy may also arise where a superior legislature demonstrates an intention to occupy a field exhaustively, and in the Concurrent List context the doctrine of pith and substance is applied to determine whether both laws substantially relate to the same subject.
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