ISSUE:
Whether the doctrine of pith and substance applies in cases of repugnancy under Article 254 of the Constitution between Union and State legislations enacted under different entries of the same List of the Constitution?
Whether the provisions of the Karnataka Contract Carriages (Acquisition) Act, 1976, are repugnant to Sections 73, 74, and 80 of the Motor Vehicles Act, 1988, under Article 254 of the Constitution?
RULE:
In order to decide whether there is any repugnancy under Article 254 of the Constitution between a Union legislation and State legislation, the doctrine of pith and substance is the appropriate test.
As per the doctrine of pith and substance, if the dominant intention of the Union and State legislation are different, then they cannot be said to be repugnant even if they refer to some allied subjects, as the subject matter is different.