What is the doctrine of Repugnancy?
Repugnancy means a contradiction between two laws which when applied to the same set of facts produce different results. It is used to describe inconsistency and incompatibility between the Central laws and State laws when applied in the concurrent field.
What is Repugnancy test in law?
The process for determining the abolition or rejection of perceived unwholesome or inhuman Customary Law on the ground that it is obnoxious is what is now very popularly known as the Repugnancy Test.
Is the Repugnancy clause still applicable today?
The repugnancy doctrine was introduced into Nigeria in the 19th century through the received English laws. Most African countries repealed the repugnancy provisos when they obtained independence but Nigeria still retains it.
What is doctrine of colorable legislation?
The doctrine of colourable legislation is based on the maxim that “what cannot be done directly cannot also be done indirectly”. The doctrine becomes applicable when a legislature seeks to do something in an indirect manner when it cannot do it directly.
What is doctrine of Repugnancy in India?
Repugnancy arises when the provisions of two laws are so inconsistent and irreconcilable that it is impossible to do one without disobeying the other. In the Indian context, if such a conflict arises between a central and a state legislation, then the central law will prevail.
Which of the following provisions deal with doctrine of Repugnancy?
Article 254 of the Indian Constitution firmly entrenches the Doctrine of Repugnancy in India. This doctrine deals with the conflict of law arises between Center and States.
Is repugnancy clause still applicable in South Africa?
The so-called ‘repugnancy proviso’ has not been invoked by South African courts for many years and in other southern African states it has been repealed because of its associations with the colonial past.
Which Act promulgated in 1927 contained the repugnancy clause?
Black Administration Act
38 of 1927; subsequently renamed the Bantu Administration Act, 1927 and the Black Administration Act, 1927), the Governor-General of South Africa could “banish” a ‘native’ or ‘tribe’ from one area to another whenever he deemed this ‘expedient or in the general public interest’.
Which act currently contain repugnancy clause?
An example of this repugnancy clause is in the Law of Evidence Amendment Act 45 of 1988 (quoted below), which codifies the fact that the courts may take judicial notice of customary law, though this is qualified by the fact that such law has to be “readily ascertainable and sufficiently certain”.
What is doctrine of prospective overruling?
The Doctrine of Prospective Overruling dictates that a decision made in a particular case would have operation only in the future and will not carry any retrospective effect on any past decisions. The Doctrine prescribes the parameters within which a judicial decision is bound to operate.