Doctrine repugnancy presidential assent article 254 inapplicable statutory conflicts list 1 list 3 subject fields

The doctrine of repugnancy and the requirement of Presidential assent under Article 254(2) of the Constitution are attracted strictly when both the Central and State or Union Territory legislations operate within the same legislative field enumerated in the Concurrent List (List III). Where a Central enactment or regulation is referable to an exclusive Union head of power under List I, such as Entry 66, and a State enactment is traceable to Entry 25 of List III, the two statutes do not occupy the same legislative field. In cases of overlapping or conflict between List I and List III enactments, the State or Union Territory law fails not due to repugnancy under Article 254, but owing to lack of legislative competence under the non-obstante clause of Article 246(1). (Dr. S. Mohan v. The Secretary to the Chancellor, Puducherry Technological University, Puducherry & Ors. | 2026 INSC 100)