Abstract
International Journal of Trends in Emerging Research and Development, 2025;3(1):190-192
Legislative Federalism or Dominance of Union: A critical analysis of Legislative Relations through The Doctrine of Repugnancy
Author : Adv. Antara Abhay Thorat
Abstract
The Indian Constitution is a blend of both Unitary as well as Federal features, which is rightly termed by Prof. K.C Wheare as Quasi Federal. Although the term, "federal" is not defined explicitly in the constitution, “Article 1 states that India, that is, Bharat, shall be a Union of States." In his address to the Constituent Assembly, Dr. Ambedkar explained why the term "State" was chosen instead of "Central." He stated that the Indian Federation is a result of a consensus among the States, in contrast to the United States of America. Hence, the Indian states do not have the authority to secede from the union, and because of this the rationale for the Centre's dominance over the individual states is particularly evident. The concept of Repugnancy may be viewed as a means of resolving conflicts that arise and when provisions of two statutes passed by two different legislatures within their respective spheres of legislative jurisdiction are incompatible. Article 254 of the Constitution contains the fundamental clauses that deals with issue of Repugnancy.
Keywords
Legislative, Federalism, Dominance, Union, Critical, Repugnancy