The Question of Apparent Conflict

Posted on by Rudrajyoti Nath Ray

One of the meanings of the expression ‘inconsistent’, as approved by this Court, is: mutually repugnant or contradictory. Constitution itself has used the words ‘inconsistency’ and ‘repugnancy’ interchangeably. Things are inconsistent when they cannot stand together at the same time and one law is inconsistent with another law when the command or power or provision in the law conflicts directly with the command or power or provision in the other law. There is always a presumption, Legislature does not exceed its jurisdiction and Court should make every attempt to reconcile provisions of the apparently conflicting enactment [Ch. Tika Ramji, AIR 1956 SC 676; Deep Chand, AIR 1959 SC 648; M.Karunanidhi, (1979) 3 SCC 431; M/s. Ram Chandra Mawa Lal, Varanasi, 1984 (Supp.) SCC 28;  K.T. Plantation Private Limited, (2011) 9 SCC 1].

– Hon’ble Justice Ashok Bhushan, Parmar Samantsinh Umedsinh v. State of Gujarat, [Civil Appeal No. 706 of 2021].

CONFLICT

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