Article 254 of Constitution of India
Article 254 of Constitution of India deals with Inconsistency between laws made by Parliament and laws made by the Legislatures of States
Original Text of Article 254 of 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.
Questions related to Article 254 of Constitution of India
Article 254 deals with situations where there is a conflict between Central laws and State laws on subjects in the Concurrent List, as per the Constitution of India.
When there is inconsistency, the Central law will prevail over the State law, unless the State law has received the President’s assent, as explained in Indian Kanoon.
Yes, but only if the State law on the Concurrent List has been reserved for the President’s consideration and gets his approval. Otherwise, the Parliament’s law dominates, according to the Articles of Indian Constitution.
If Parliament passes a new law after the President-approved State law, the Parliamentary law will override the State law automatically, even if the State law had the President’s assent earlier.
You can explore Indian Kanoon for detailed judgments, constitutional debates, and real-life applications of Article 254 of the Indian Constitution for better understanding.
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