Multiple choice

Which one of the following is the correct statement? The theory of repugnancy has application in a case where

  1. both Union and State occupy two different fields in different lists

  2. both Union and State laws are enacted under the concurrent list

  3. the Union law is enacted under List-III and State law in enacted under List-II

  4. the Union and State laws enacted under the State list

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The doctrine of repugnancy arises when both Union and State legislatures enact laws on subjects within the State List (List II), creating a direct conflict. While the Union generally cannot legislate on State List subjects, if such a law exists and conflicts with a valid State law on the same matter, the doctrine of repugnancy determines which prevails. The key elements for repugnancy are: direct contradiction, inability to stand together, and coverage of the same field.