BharatNotes Repugnancy
noun (uncountable)Usage in a UPSC answer
The Supreme Court in Deep Chand v. State of Uttar Pradesh (1959) laid down three tests for determining repugnancy between central and state laws: direct conflict, occupied-field theory, and legislative intent to cover the whole field.
Synonyms
Antonyms
Word Family
repugnant (adjective), repugnantly (adverb), repugn (archaic verb), pugnacious (cognate adjective), pugilist (cognate noun)
Root
Latin repugnantia ← repugnare (to fight back) ← re- (back) + pugnare (to fight)
Etymology
From Latin repugnantia (resistance, contradiction), the noun of repugnare (to fight against). Related to pugnacious and pugilist. The legal sense of logical or statutory inconsistency entered English law through Blackstone's Commentaries (1765–1769).
Memory Hook
REPUGNANCY from REPUGN = to FIGHT BACK (PUGN = fight, as in PUGNacious, PUGilist). Two laws in REPUGNANCY are fighting each other — contradicting and battling for supremacy. The stronger (central) law wins the fight.
How This Word Works in UPSC Writing
A GS2 word with a precise home: conflict between a Union law and a State law on a Concurrent List subject. Article 254(1) settles it, the Parliamentary law prevails and the State law is void to the extent of the repugnancy, not wholly. Clause (2) is the twist examiners like: a State law reserved for and granted Presidential assent prevails within that State, though Parliament may still override it later. Answers that say the State law is simply struck down lose the marks that the words "to the extent of" carry.
Don’t Confuse It With
Repugnancy is not the same as ultra vires. An ultra vires law fails because the legislature never had competence to pass it; a repugnant law was validly enacted but collides with a competing valid law. Nor is it unconstitutionality, which is a conflict with the Constitution itself rather than with another statute.
Hindi Meaning
प्रतिकूलता (pratikūltā) or विरोधाभास (virodhābhās); in legal drafting असंगति (asangati) is common for statutory inconsistency.
Common Questions
- What is repugnancy under Article 254?
- It is inconsistency between a law made by Parliament and a law made by a State legislature on a Concurrent List subject. The Parliamentary law prevails and the State law is void to the extent of the repugnancy.
- Can a State law ever prevail over a Central law?
- Yes. Under Article 254(2), if the State law was reserved for the President's consideration and received assent, it prevails within that State, though Parliament retains the power to legislate on the same matter afterwards.
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