Abstract the introduction of the repugnancy doctrine in nigeria by the british as a test to ensure that the customary laws are dispensing justice, has caused various dissenting views among scholars as to the ratio behind such doctrine being introduced while some opine that the introduction of the repugnancy test is a positive aspect. Definition of repugnancy doctrine: a doctrine stating the first clear statement in a deed, will or other document will be binding despite other statement being the law dictionary featuring black's law dictionary free online legal dictionary 2nd ed. The doctrine or the rule of harmonious construction is adopted when there is a conflict between two or more statues or between the parts or provisions of the statues as per this doctrine the courts try to avoid conflicts between the provisions of the statutes the doctrine follows a very simple rule that every statute. Doctrine of occupied field,there is a very thin of line of difference between doctrine of repugnancy and doctrine of occupied fieldas we know that repugnance arises only if there is an actual conflict between two legislations, one enacted by the state legislature and the other by parliament, both of which were competent to do so. What is pith and substance thus, the doctrine of pith and substance relates to finding out the true nature of a statute this doctrine is widely used when deciding whether a state is within its rights to create a statute that involves a subject mentioned in union list of the constitution.
Introduction it is article 254 of the constitution of india that firmly entrenches the doctrine of repugnancy in india according to black’s law dictionary, repugnancy could be defined as “an. The doctrine of repugnancy owes it origin to the medieval period and evolution of english equity the doctrine was introduced into nigeria by the end of the 19th century via the received english laws to test our. 5doctrine of repugnancy: it is article 254 of the constitution of india that firmly entrenches the doctrine of repugnancy in indiasupreme court in deep chand case summarized test of repugnancy: (1)direct conflict between two provisions. The doctrine of repugnancy describes the situation where a state or territory law is rendered invalid for being inconsistent with paramount law paramount law emanates from the original source of state or territory legislative power.
According to black’s law dictionary, repugnancy could be defined as “an inconsistency or contradiction between two or more parts of a legal instrument (such as a statute or a contract)” before understanding the doctrine of repugnancy, let us first understand a bit about the legislative scheme envisaged in our constitution. The main aim of the doctrine of repugnancy is to avoid mishaps which might be created due to ambiguous laws in the case of subramianm v muthuswami  , the court held that the simultaneous operation of two acts, of the same validity, will be unreasonable. Repugnancy to describe the incompatibility between the union and state laws in the concurrent field repugnancy seems to have been used to mean inconsistency as the marginal notes to these sections refer to inconsistency between lens the meaning of both the terms seems to be the samg the terms. Slide share, doctrine of repugnancy, slides by angelina naorem14 – these slides gave information about when the repugnancy arises research methodology the work basically fulfills doctrinal research criteria as the possibility to have an empirical study over the topic is very feeble.
Doctrine of harmonious construction explained: according to this rule, a statute should be read as a whole and one provision of the act should be such an interpretation is beneficial in avoiding any inconsistency or repugnancy either within a section or between a section and other parts of the statute the five main principles of this rule. The relevant provisions for the purpose of solving questions of repugnancy between a central and a state law is article 254 of the constitution according to clause (1) of article 254, if any provision of a state law is repugnant to a provision in law made by parliament which it is competent to. Further, the doctrine of repugnancy is not so obvious as ritchie cj suggests it was the uncertainty over its scope, prompted by boothby j's holdings in south australia, which had made the clva necessary. The doctrine of repugnancy (s 2 in the colonial laws validity act 1865) meant that if australian legislation is inconsistent (repugnant) to that of the uk, it is invalid it was originally thought that the repugnancy doctrine would cease to apply now because the commonwealth of australia constitution act impliedly repeals the colonial laws.
Before understanding the doctrine of repugnancy, let us first understand a bit about the legislative scheme envisaged in our constitution article 245 states that parliament may make laws for whole or any part of india and the legislature of a state may make laws for whole or any part of the state. The supreme court in zameer ahmed latifur rehman sheikh vs state of maharashtra has examined the law relating to the doctrine of repugnancy in essence, part xi of the indian constitution describes the legislative relations between the states and the centre. The colonial laws validity act 1865 (28 & 29 vict c 63) is an act of the parliament of the united kingdom its long title is an act to remove doubts as to the validity of colonial laws the purpose of the act was to remove any apparent inconsistency between local (colonial) and british (imperial) legislation.
The doctrine of “pith and substance” postulates for its application, that the law in question is substantially within legislative competence of the particular legislature which has made it but only incidentally encroaches upon the legislative field of another legislature. Use of the repugnancy doctrine in our legal system, it must be stated that the doctrine has had appreciable effect and impact on the development of our customary law by the elimination of some unjust in human and barbarous practices inherent in it and in some cases throwing away some. Repugnancy came in to picture as a principle, which is employed so as to ascertain when and where a state law turns repugnant to the parliamentary legislation2 one of the most commanding and authoritative judgments on the concerned doctrine is m. Doctrine of repugnancy 1 doctrine of repugnancy by- angelina naorem school of law, itm university, gurgaon 2 introduction with the enactment of laws by different legislative bodies all over the world, conflict of laws is an unavoidable issue.