Constitution of India · Section Article 254
Inconsistency between laws made by Parliament and laws made by the Legislatures of States
Article 254 — Inconsistency between laws made by Parliament and laws made by the Legislatures of States
- Inconsistency between laws made by Parliament and laws made by the Legislatures of States.—(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of a State 1*** with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.
Plain English Summary
This article deals with situations where a law made by a State legislature conflicts (is "repugnant") with a law already made by the Parliament or an existing central law concerning matters shared between the Centre and the States (Concurrent List). In such a conflict, the law made by Parliament will take precedence.
Key Points
- If a State law contradicts a valid Central law on a Concurrent subject, the Central law prevails.
- A State law can only prevail if it was sent to the President for approval and received his assent.
- Parliament retains the power to make laws on these subjects at any time, even if a State law exists.
Why It Matters
This article ensures that there is a clear hierarchy of laws when both the central government and state governments try to legislate on the same shared issues, preventing confusion and legal chaos.
Landmark Judgements
No major landmark judgements.