Repugnancy I

Posted on by Rudrajyoti Nath Ray

Repugnancy can be looked at from three distinct perspectives.

The first is where provision of a State enactment is directly in conflict with a law enacted by Parliament. Compliance with one is impossible along with obedience to the other. The second is where regulation of subject matter by Parliament is so complete as a code, there is no space for legislation by State. The third postulates, subject matter of legislation by State is identical to legislation which has been enacted by Parliament, whether prior or later in point of time.

Legislature of State of West Bengal has attempted to set up its parallel legislation involving a parallel regime. There is not only a direct conflict of certain provisions between The Real Estate (Regulation and Development) Act, 2016 and The West Bengal Housing Industry Regulation Act, 2017. There is also a failure of State Legislature to incorporate statutory safeguards in WB-HIRA, which have been introduced in RERA. State Legislature has transgressed limitations on its power.

The striking down of WB-HIRA will not affect registrations, sanctions and permissions previously granted.

– Hon’ble Justice Dr. D.Y. Chandrachud, Forum for People’s Collective Efforts v. State of West Bengal, [Writ Petition (Civil) No. 116 of 2019].

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