PART XI RELATIONS BETWEEN THE UNION AND THE STATES · CHAPTER I.— LEGISLATIVE RELATIONS · Distribution of Legislative Powers

Article 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of States

The Constitution of India

(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.

Footnotes in the official text

1.The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Leading cases

K.T. Plantation (P) Ltd. v. State of Karnataka (2011)The Court upheld the Roerich Estate Acquisition Act and the withdrawal of the linaloe exemption, and held that Article 300A requires a public purpose for deprivation of property, with any nil or illusory compensation to be justified by the State.

Questions on this article

17 questions in 28 of our papers cite Article 254. Try these from the free papers:

1. A State Legislature enacts a law on a matter in the Concurrent List. Some of its provisions are repugnant to an earlier Act of Parliament on the same matter. The State law was reserved for the consideration of the President and received his assent. Which of the following is correct?
2. Under Article 246A(1) of the Constitution, the power to make laws with respect to goods and services tax imposed by the Union or by a State is vested in:
3. Under the second proviso to Article 200, the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in his opinion would, if it became law:

Practise questions on Constitutional Law